MANSA DEVI Vs. KRISHAN PAL SOOD

JUDGEMENT

(1.) Aggrieved by the judgment dated 12.1.2006 passed by learned Appellate Authority (F), Shimla in an appeal under Sec. 24 of the H.P. Urban Rent Control Act, 1987, hereinafter referred to as 'Act' in short, registered as CMA No. 18-S/14 of 05/03 the petitioners who are tenants, hereinafter referred to as respondents-tenants, have preferred the present revision petition with a prayer to quash and set aside the same.

(2.) The respondent, hereinafter referred to as petitioner-landlord, is the owner of house No. 97, Pursharthi Basti, Lower Bazar Shimla. One Shri Bahadur Singh, predecessor-in-interest of the respondents-tenants was inducted as tenant in ground floor comprising of two rooms, hereinafter referred to as the 'demised premises', of this building at the monthly rental of Rs.96.00. Said Shri Bahadur Singh expired and on his death respondent-tenant Mansa Devi his widow occupied the demised premises. She allegedly is now residing in her village and the demised premises subleted by her to respondent No. The respondents-tenants are also stated to be in arrears of rent as the rent has not been paid on and w.e.f. 1.1.1990. The demised premises being 120 years old is stated to be in dilapidated condition. The CGI sheets used to roof the building have outlived its life. The same even have got rotten at different places. The wooden work has also decayed and the foundation of the building is also damaged. The building, as such, is bonafidely required for reconstruction on old line without touching the other portion thereof. Therefore, in order to reconstruct the damaged portion of the building, the eviction of the respondents therefrom is required.

(3.) The respondents-tenants when put to notice have contested the petition on the grounds, inter alia, that the same is not maintainable, bad for nonjoiner of necessary parties as well as lacking material particulars. Also that, even no enforceable cause of action exists in favour of the petitioner-landlord and he rather is estopped on account of his acts, deeds and conduct from filing the petition.