DAKHNU Vs. HEM RAJ

JUDGEMENT

(1.) The petitioner, Dakhnu has a grievance against the judgment of the Appellate Authority under the Rent Control Act (District Judge, Mandi) in C.M.A. No. 32 of 1982 decided on 23-11-1982 thereby confirming the order of eviction passed by the Rent Controller, Mandi, in Rent Petition No. 1 of 1976 decided on 30-1-1982.

(2.) The facts, in brief, are that the landlord (hereinafter to be referred to as respondent and Dakhnu as petitioners) filed an eviction petition under S. 14 of the H.P. Urban Rent Control Act, 1971 (in brief " the Act") before the Rent Controller, Mandi, on 21-2-1976 on the ground that the building is required bona fide by him for the purpose of reconstruction which cannot be carried out without tile building being vacated. It is a single storeyed shop comprised in Khasra No.943 in Mohalla Bhagwahan, Mandi town, measuring 16.30 square meters. The original tenant was Sh. Deli Ram and after his death his widow, the present petitioner has become the tenant. The monthly rent for the premises is Rs. 12.00 and the building is Kutcha structure and sufficiently old.

(3.) The claim of the respondent has been opposed by the petitioner and it has been alleged that the shop in dispute is not Kutcha structure; rather the same is Pucca structures and was recently constructed by the respondent and he does not require the building bona fide for reconstruction nor does it require any repairs. It has also been contended that the petition has been filed with mala fide motive to harass the petitioner. Some other objections as to the form of the petition have also been made. However, they are not relevant for the purpose of deciding the issue convassed by the parties through their counsel in this case.