SAT PAL Vs. DAYAWANT SINGH

JUDGEMENT

(1.) In this petition order dated 9.4.2010, passed by learned appellate Authority, Shimla in Civil Misc. Appeal No.66-S/14 of 2009, is under challenge. Learned appellate Court has dismissed the appeal filed by the petitioner, hereinafter referred to as the respondent-tenant and upheld the order dated 7.9.2009 passed by learned Rent Controller (Court No.6), Shimla in a petition filed under Sec. 14(1) of H.P. Urban Rent Control Act, hereinafter referred to as the Act in short, registered as Case No.45/2 of 2007.

(2.) The respondent-herein is landlord. He is one of the co-owners of the residential premises known as 'Chor View', Sanjauli, Shimla-6. He has rented out one set comprising two rooms, one glazed verandah, Kitchen, Bathroom and latrine to the respondent-tenant. The rough plan is Ex.PW3/C. The eviction of the respondent-tenant has been sought on the ground that the demised premises is bonafidely required by him for the purpose of rebuilding of old structure, which is not possible without getting the same vacated. The rebuilding, according to the landlord, is required in view of the premises in question is 100 years old and had outlived its life. Another tenant is Smt. Santosh, against her also the eviction petition is stated to be filed. The petitioner-landlord further submits that the building will be reconstructed after pulling down the existing old structure made by Dhajji/bricks and to replace the same with new RCC structure.

(3.) The respondent-tenant has resisted and contested the petition. In preliminary, the objections that the petitioner-landlord has not approached the Court with clean hands and suppressed the material facts and that eviction petition has been filed with an ulterior and malafide motive to coerce the respondent to increase the rent or purchase the demised premises were raised. On merits, while denying the case as set out in the petition, it is submitted that the petitioner-landlord has suppressed the facts qua a portion of the building he has already sold to the tenant, who have now become exclusive owners thereof. Such sets are adjoining to the sets owned and possessed by the petitioner-landlord. It is also submitted that the entire construction of the building known as 'Chor view' is interconnected and dependent upon the side walls of other sets, therefore, the rebuilding /reconstruction of entire structure is not possible, unless the owners of adjoining sets having exclusive rights of their respective sets, agree to vacate the same. The floor of the building is also wooden, interlinked with each other to provide stability to entire structure. Any attempt to remove the same will result in collapse of entire structure, including the portion of other owners i.e. Kanta Dube and Tilak Raj etc. The respondent-tenant also apprehends that in such a situation the Municipal Corporation, Shimla will permit reconstruction/ rebuilding of the demised premises.