BHAI LAL Vs. JUNG BAHADUR SINGH BAWA

JUDGEMENT

(1.) The tenant is the petitioner, who aggrieved by the order of eviction as passed by the learned Rent Controller and affirmed by the learned Appellate Authority, has filed the instant petition.

(2.) The premises comprised of Shop No.5, situated in the ground floor of 'Bawa Building' and also known as 'Bawa Market', 'Bawa Estate', AG Chowk, Shimla. The eviction thereof was sought by the landlord-respondent on the ground of bonafide requirement and arrears of rent. It was averred that father of landlord Dr. Rattan Singh Bawa had rented out the premises to the tenant in the year 1983, but the tenant was a chronic defaulter in making of the payment and had not paid the rent from Oct., 2014 upto the filing of the petition on 21.05.2015. Further, the tenant was also liable to pay the rent along with statutory interest at the rate of 10%. According to the landlord, he is a Senior Citizen and is not capable of doing any physical work and, therefore, in order to increase his income, he wanted to demolish the demised premises and construct a compact shop to run the business of confectionery and daily needs in order to generate more income.

(3.) The petitioner-tenant contested the petition raising preliminary objections regarding maintainability, estoppel, suppression of material facts and petition being filed to harass the tenant etc. On merits, the description of the premises was not disputed and it was stated that the tenant was running a 'Pan Shop' in the premises at monthly rent of Rs.500.00. However, it was denied that the premises were required by the landlord for his personal use and it was averred that the landlord was having many shops in and around these premises.