PRITAM CHAND Vs. VIVEK KASHYAP

JUDGEMENT

(1.) Tenant is the petitioner, who aggrieved by the orders of eviction that have been concurrently passed by the learned authorities below, has filed the instant revision petition.

(2.) The landlords filed a petition seeking eviction of the tenant from the shop measuring 3.00 x 6.60 metres shown as Whether the reporters of the local papers may be allowed to see the Judgment?Yes 'ABCD.' in the site plan belonged to their grandfather Shri .Bachna Ram. It was rented to the tenant on 15/2/1976 and the rent thereafter intermittently increased from time to time and in August, 2001, it was enhanced to Rs.500.00 per month, but the tenant had paid rent only uptill 1/11/2011 and thereafter did not pay the rent till the date of petition. In addition, the eviction was sought on the ground that the tenant had changed the wooden door by an iron shutter and misappropriating the verandah 5x10 feet in front of the shop thereby materially impairing the value and utility of the building. The eviction was further sought on the ground that the tenant having ceased to run the 'Karyana' shop in the premises since March, 2006 and from September, 2012 completely ceased to occupy the premises for continuous period of 12 months without any reasonable cause. The eviction was also sought on the ground of bonafide requirement as it was averred that one of the landlords was unemployed and have no income of his own and intended to run restaurant and other commercial business in the premises.

(3.) The tenant resisted and contested the petition on the grounds of maintainability, estoppel and non joinder of necessary party etc. On merits, it was averred that after the death of the previous owner late Shri Bachna Dass, his son i.e. father of the landlords Shri Roop Lal represented himself as landlord of the rented premises and received the rent from him upto the month of October, 2013 and the rent was paid on such representation. Thus, the petition was not maintainable for non joinder of Shri Roop Lal as a party. Apart from it, it was pleaded that the shop was in fact being used as a Store from the year 1976 itself and no condition was imposed in the rent deed. The rate of the rent as claimed was denied by the tenant and he specifically denied having entered into an agreement in August, 2001 to increase the rent from Rs.225.00 to Rs.500.00 per month. It was averred that initially Shri Bachna Dass used to give receipt, but after his death Shri Roop Lal did not issue any receipt. The iron shutter was claimed to have been installed by its previous owner late Shri Bachna Dass himself in the year 1986 87 to increase the value of the property and to afford protection to the same. The tenant pleaded that no verandah ever existed in front of the shop. The tenant having ceased to run the business for the alleged period was also specifically denied. It was averred that the plea of bonafide requirement raised by the landlords was a concocted one just to seek his eviction. The father of the landlords was retired person from H.P. Forest Department and landlord No.1 Vivek had started a new Chemist Shop in the name of 'Rudra Medical Store' in the month of August, 2013, whereas, landlord No.2 was also claimed to be well employed being qualified Engineer.