PANKAJ KUMAR Vs. RAJMOHINI SOOD

JUDGEMENT

(1.) Concurrent findings of fact stand assailed by the tenants in this petition, filed under the provisions of Sec. 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the "Act").

(2.) In the year 2011, respondent Smt. Rajmohini Sood (hereinafter referred to as the landlady), filed a petition for ejectment against the present petitioners Sh. Pankaj Kumar, Sh. Neeraj Kumar, Smt. Sushma and Smt. Monika, all legal heirs of late Sh. Om Prakash (hereinafter referred to as the tenants). Pleadingly 234.87 square meters of land (approx.) along with one temporary structure (dhara), admeasuring 6 feet X 8 feet, was let out to late Sh. Om Prakash on a monthly rental of Rs.500.00. The landlady requires the demised premises for she proposes to construct a three storeyed building for settling and securing her future as also that of her family and more particularly her grandson, who is physically handicapped. She has sufficient means to raise the construction and the requisite permissions under the municipal laws. Another ground for ejectment is non payment of rent w.e.f. 1.01.2011.

(3.) In rebuttal, while refuting the averments on merits, but admitting the factum of tenancy and the relationship, the tenants alleged concealment of prior litigation with respect to the demised premises.