A.S.ANAND, K.VENKATASWAMI
Prem Chand – Appellant
Versus
Shanta Prabhakar – Respondent
JUDGMENT
K. Venkataswami, J.-The respondent as a landlord of the suit premises filed Case No. 70/2 of 1987 before the Rent Controller, Solan (H.P.), for eviction of the appellant. The grounds for eviction were (a) the appellant defaulted in payment of rent from 1.1.87 up to the date of filing of the eviction petition and (b) that the suit premises was bona fide required by him for the purpose of building/re-building, which cannot be carried out without the premises being vacated. We may at once state that the ground of default in payment of rent was found against the landlord by the Rent Controller and the same was not pursued by the landlord before the Appellate Authority and the High Court. We are, therefore, concerned only with the ground of bona fide requirement of the premises for building/re-building by the landlord. This ground is covered by Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter called the Act ).
2. The Rent Controller on the basis of evidence oral and documentary and placing reliance on a judgment of this Court in Metalware & Co. Ltd. etc. v. Bansilal Sarma & Co. etc1, found that there was no evidence regarding the condi
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