KRISHAN KUMAR Vs. JAGJIT KAUR

JUDGEMENT

(1.) THE petitioner - tenant has filed the present petition under Section 24 (5) of the H.P. Rent Control Act, 1987 (hereinafter referred to as the Act) assailing the impugned judgment dated 1.7.2004 passed by the Appellate Authority -I, Sirmaur District at Nahan, H.P. in Rent Appeal No. 5 -RA/14 of 2003 titled as Krishan Kumar vs. Jagjit Kaur, affirming the findings recorded by the Rent Controller, Court No.2, Paonta Sahib, vide order dated 28.3.2003 passed in Rent Petition No.3/2 of 2001 titled as Jagjit Kaur vs. Krishan Kumar.

(2.) THE petitioner herein is the tenant and the respondent herein is the landlady and are referred to as such in the present revision petition.

(3.) THE tenant opposed the petition by challenging her bonafides as earlier an unsuccessful attempt to forcibly dispossess him had been made by the landlady for which not only the matter was reported to the authorities but even Civil Suit was also filed. Since the landlady along with her family members permanently resides in USA there is no requirement of the shop for her own bonafide use. In any event, the proposed construction can be carried out without vacating the shop and demolishing the existing structure.