AMARJIT SINGH BEDI Vs. SANJAY KUTHIALA

JUDGEMENT

(1.) This order shall dispose of applications filed by the tenant for setting aside portion of the operation of the judgment dtd. 29/5/2017, whereby it upheld the order of eviction passed by the learned Rent Controller on 4/9/2014 of being CMP Nos. 8489/2017 and 8491/2017 and also dispose of the applications filed by the landlords being CMP Nos.rt 8471/2018 and 9115/2018 for modifying/vacating the interim order passed by this Court and for fixation of use and occupation charges against the tenant. The parties shall be referred to as the "landlords" and the "tenant".

(2.) The original land lady, Smt. Brij Bala Kuthiala, who died during the pendency of the proceedings before the learned Rent Controller, filed eviction petition against the tenant from premises situated in building No.3/5, shop No. 3, alley No.3, Middle Bazaar,Shimla on the grounds that (i) the tenant was in arrears of rent of the demised premises w.e.f. 1/3/2001; (ii) the demised premises had been sub let by the tenant in favour of Vidur Singh Thakur without written consent of the landlady in the year 2002; and (iii) premises were bonafidely required by the landlady for reconstruction and rebuilding, which cannot be carried out without the demised premises being vacated.

(3.) This petition was partly allowed by the learned of Rent Controller vide order dtd. 4/9/2014 on the ground of arrears of rent of the demised premises to the tune of rt Rs.21,399.32 and that the demised premises were bonafidely required by the landlady for reconstruction and rebuilding, which could not be carried out without being vacated, whereas eviction on the ground of subletting was dismissed.