SOMA DEVI Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) This petition has been filed against the impugned judgment dated 25.3.2019, passed by learned District Judge, Shimla exercising the power of Appellate Authority, under H.P. Urban Rent Control Act, 1987, whereby order dated 26.11.2016 passed by the Rent Controller, Shimla in Rent Case No. 104-2 of 2017, evicting the petitioner from the demised premises, has been affirmed on the ground of bonafide requirement of premises to the respondent for carrying rebuilding and reconstruction, with modification with respect to the quantum of arrears of rent. In the order passed by Rent Controller, right of re-entry of the petitioner has also been protected in para 37 of the order, wherein it is stated that, the respondent being tenant is entitled for the benefit of the proviso to clause (c) of Section 14(B) of the H.P. Urban Rent Control Act and she is entitled to the right of re-entry in the rebuilt and reconstructed building to the extent of the area of which she is in occupation in the demised premises Whether the reporters of the local papers may be allowed to see the Judgment? Yes

(2.) Before the Rent Controller, petitioner/tenant was also declared in arrears of rent qua the demised premises, determining the quantum thereof to the tune of Rs.1,38,650/- and land owner was also held entitled for statutory interest @ 9% per annum thereon w.e.f. 1.4.2010 to 14.3.2012 and amended interest @ 12% per annum w.e.f. 15.3.2012 till the pronouncement of order i.e. 26.11.2018 and it was ordered by the Rent Controller that on failure to pay arrears of rent by the petitioner/tenant within thirty days from passing of order, she shall be liable to be evicted from the demised premises on this ground also. In appeal, the appellate Authority had held the petitioner/tenant in arrears of rent, however, quantum thereof was determined to the tune of Rs.44,906.53/-.

(3.) It is undisputed that at the time of filing appeal before the Appellate Authority, petitioner/tenant had deposited arrears of rent to the tune of Rs.1,38,650/- and after re-determining thereof, an amount of Rs.44,906/- stands released in favour of respondent/landlord and remaining amount is still lying deposited with the Rent Controller.