LAWS(HPH)-2019-11-64

LALITA SHARMA Vs. LT COL KAWAL BIR MAKIN

Decided On November 11, 2019
LALITA SHARMA Appellant
V/S
Lt Col Kawal Bir Makin Respondents

JUDGEMENT

(1.) The tenant(s), in, the demised premises, known, as 10/100, Green Cottage Pursharthi Basi, Shimla, was/were, under, concurrent verdicts recorded, respectively, upon, eviction petition No. 8/2 of 2009, and, upon, Rent Appeal No. 10-S/13(b) of 2014, hence, respectively by the learned Rent Controller, Court No. II, Shimla, and, the latter, by, the learned Appellate Authority (II), Shimla, hence ordered to be evicted, from, the demised premises.

(2.) The tenant becoming aggrieved therefrom, hence, cast a challenge thereon, through, constituting the extant civil revision petition before this Court.

(3.) Both the learned courts below, upon, cogent evidence becoming adduced, vis-a-vis, the pleaded statutory grounds, and, obviously, upon, the consonant therewith hence formulated rather apposite issues, (a) and, respectively appertaining, to, the bonafide requirement, of, the landlord, to, validly seek valid eviction, of, the tenant, from the demised premises, and, sparked from, his, (b) dire necessity of maintaining, an, attendant, for, the latter tending, to, his personal needs; (c) arising from his retiring, as, a colonel, from, the Indian Army, whereat he was also accustomed, to, the services, of, a batman, (d) and, hence, the afore requisite attendance(s), vis-a-vis, all his personal needs, now also becoming imperatively, for, beingattended, upon, by, a servant, hence stood espoused to leverage, in him, a befitting bonafide statutory ground, to seek eviction, of, the tenant from the demised premises (e) besides, he also strived, for, the eviction, of, the tenant, upon, the further ground, vis-a-vis, the tenant, rather, in, the vicinity of the demised premises, acquiring or taking on rent, a, rented premises, hence both commodious, and, suitable for the relevant purposes, hence, rendered findings thereon, vis-a-vis, the, landlord.