PRABHDEEP SINGH Vs. KANTA

JUDGEMENT

(1.) The instant civil revision, stands directed, by the landlord against the concurrently recorded verdicts, by both, the learned Courts below, wherethroughs, his petition for eviction of the respondents herein, from, the demised premises, hence, stood, dismissed.

(2.) Briefly stated that facts of the case are that the petitioner herein is a landlord and the respondents herein are tenant qua the premises i.e. One garage (room) in front portion of basement of Sidhowal Lodge, The Ridge, Shimla. The tenancy is residential. Respondent No.1 mostly resides out of Shimla at her native place in Tehsil Jubbal, District Shimla, where she has got huge agricultural land. Similarly, respondent No.2 has acquired a spacious residential set at Sanjauli, where he is residing along with his family and with his brother Raj Kumar, respondent No.3. Respondents No. 4 and 5 happily married and are living with their in-laws. The rent of the demised premises is Rs.30/- per month. Late Mathu Ram is the original tenant in the one room in the garage portion in the basement floor of building known as Sidhowal Lodge, and, after his death, the respondents have become the tenant of the premises in question. However, no rent note has been executed. The eviction is sought on the following grounds:-

(3.) The petition was contested by the respondents/tenants by filing reply, wherein, they have taken preliminary objections qua cause of action, and the petition is hit by the principle of resjudicata. On merits, averments made in paragraphs No.1 to 4 of the petition are admitted. It is denied that the respondent own residential set or plot at Sanjauli. It is submitted in reply to para 18(a) that it is absolutely wrong and false, and, hence the entire averments made in this para are vehemently and categorically denied. It is specifically denied that the premises in dispute is required bonafide by the petitioner for the residence of servants/drivers.