MOHAN LAL SOOD Vs. VINOD DOGRA

JUDGEMENT

(1.) This is a Civil Revision Petition filed by the petitioners under Section 24(5) of the H.P. Urban Rent Control Act, 1987, hereinafter referred to as 'Rent Act', against the order passed by the learned Appellate Authority-I, dated 1.4.2003, vide which the appeal filed by the petitioners against the order dated 28.4.2001 of Rent Controller, Kangra at Dharamshala, ordering the eviction of the respondents was allowed and the order of eviction passed by the Rent Controller was set aside.

(2.) Briefly stated, the facts of the case are that the petitioners as landlords filed a petition for eviction of the respondents/tenants from the disputed premises consisting of a shop in question, which was rented out to the respondents. It was alleged that the shop was originally rented out to one Badri Nath on 3.9.1948 at rental of Rs. 45/- per month, which was subsequently enhanced to Rs. 75/- per month with effect from 1985. In 1956, the said Badri Nath shifted and handed over possession of the shop to his brother-in-law Hans Raj. The said Badri Nath died in the year 1984 and Hans Raj also died in the year 1989. After the death of Hans Raj, the shop was occupied by respondent No. 1 as tenant. The eviction of the respondent was sought on the grounds of arrears of rent, that he has sublet the premises to respondents No. 2 and 3, that the nature and utility of the shop has been materially impaired since respondent No. 3 has placed one Photostat Machine in a portion of the shop and lastly, on the ground that the premises are required bonafide for use of the petitioners, since his son is to start practice as Ayurvedic Doctor.

(3.) The respondents denied these allegations in regard to nonpayment of rent etc. On the plea of sub-letting, it was denied that the premises have been sub-let to respondents No. 2 and 3 by respondent No. 1.