SUSHMA RANI Vs. DURGA COAL COMPANY

JUDGEMENT

(1.) The instant civil revision petition, stands, directed, by the landlord/petitioner herein, against, the concurrently recorded verdicts, upon, Rent Petition (RBT) No. 38/2 of 2015/2012, and, upon, Rent Appeal No. 2-S/13(b) of 2016, hence respectively, by, the learned Rent Controller, Court No.3, Shimla, and, by the learned Appellate Authority-II, Shimla, H.P., (i) wherethrough, the eviction petition constituted against the respondents/tenants, on, the ground of arrears of rent, stood allowed, whereas, it stood dismissed, on, the ground of bonafide requirement, of, the demised rented land, hence, by the petitioners/landlords.

(2.) The learned Rent Controller concerned, had recorded a firm conclusion, vis-a-vis, the, existence, of, a relationship of landlord, and, tenant, inter se the contesting litigants, and, also, made directions, upon, the respondents/tenants, to, deposit, the, arrears of rent, commencing from April, 2004, uptill, a, decision being recorded, upon, Rent Petition No. 38/2 of 2015/2012. The respondents/ tenants apparently, did not contest, the afore findings, rendered, upon, the afore factum, and, as comprised in theirs not rearing any appeal, thereagainst, hence, before the learned Appellate Authority concerned, and, thereupon, the afore findings, rather acquire both conclusivity, and, binding effect(s).

(3.) The landlords' petition seeking eviction, of, the tenant, from, the open land, hitherto used by the respondents/tenants, for, operating their coal business, (i) business whereof is averred to be not extantly carried therefrom, and, further the eviction of the respondents/tenants, from, the open plot, was espoused, for facilitating, the landlords, to, stack their building materials, and, thereafter it being enabled, to, be sold therefrom. The landlords/tenants, had, made a forthright, and, candid disclosure, in the eviction petition, qua, petitioner No.2. operationalizing, a, readymade garments' enterprises, run in the name, and, style of M/s AB Lal & sons, and, the afore business being looked after by his wife, petitioner No.3, after, solemnization of their marriage, in the year 2011, and, thereafter, it is contended, that, they intend to expand their commercial enterprise, through, theirs utilising, for the afore purpose, the vacant plot, wherefrom, the respondents/tenants, hitherto operated, the, now defunct coal business. The afore statutory ground averred in the petition, was strived, to beget a taint of colourability, and, also, the, taint of malafides, given the petitioners/landlords rather holding godowning spaces, hence, sufficient ,for, the averred purpose.