MADHVA NAND Vs. NAND LAL

JUDGEMENT

(1.) Feeling aggrieved from the order dated 7th Nov. 1981 of the District Judge, Mandi (Appellate Authority under the H.P. Rent Control Act, 1971), the petitioners (hereinafter 'tenants') have filed the present revision petition.

(2.) Briefly, the facts are that the respondents (hereinafter 'landlords') are the owners of a shop (non-residential premises) No. 193/7, Ward No. 7, Bhoot-Nath Bazaar, Mandi Town, comprised in Khata Khatauni No. 44 min/81, Khasra No. 1614, measuring 40-38 square meters, muhal samkhaitar, Mandi Town. The tenants are in occupation of the premises at a monthly rent of Rs. 40/-.

(3.) The landlords filed an eviction petition under S.14 of the H.P. Urban Rent Control Act, 1971 (hereinafter the 'Act') before Rent Controller, Mandi, on 10th of Sept. 1974, seeking eviction of the tenants on the grounds that the premises in dispute were very old, having outlived its life and had become unsafe for human habitation due to its age. The second ground was that the premises were required by the landlords bonafidely for purposes of rebuilding for which a plan had since been approved by the Municipal Committee, Mandi, vide resolution No. 1193/13, dated 16-3-1974. The rebuilding could not be carried out without getting the premises vacated. The tenants were served with a notice on 10-6-1974, but they failed to vacate the premises.