The main legal point established in the judgment is the interpretation of the term 'change of user' under Section 14 of the H.P. Urban Rent Control Act, emphasizing the requirement for substantial and permanent alterations that affect the form and structure of the building without destroying its identity. The judgment also highlights the burden of proof on the tenant to establish substantial or significant damage and the requirement for impairment of the value or utility of the building from the point of view of the landlord.

Rajiv Sharma, Judge (Oral):

This revision petition is directed against the judgment dated 28.08.2010, passed by the learned Appellate Authority, Shimla in Civil Misc. Appeal No. 42-S/14 of 2009.

2. Material facts necessary for adjudication of this petition are that the respondents-landlords (hereinafter referred to as ‘the landlords’, i.e., Shri Rai Sahib Puran Mall Trust Dharamshala for convenience sake) has filed a rent petition under Section 14 of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as ‘the Act’ for convenience sake) for the ejectment of the respondents-tenants from the residential rooms No. 18, 24 and 25 of R. S. Purnmal Dharamshala. The landlords have sought the eviction of the tenants on the ground that after the commencement of the Act, the tenants have used the rented residential rooms for the purposes, other than for which the same were leased out. According to them, three rooms were leased out for residential purposes, but the respondents are running business of supplying huge wooden Takhatposh and beddings etc. to the marriage parties and for numerous public and privately held functions throughout Shimla without the written consent of the landlords. According to them, such acts and conducts also cause nuisance to the occupiers, yatries and visitors staying in the Dharamshala and in the neighbourhood. According to the landlords, the tenants had been stacking Takhtposh and wooden box containing Rajaies and Talies in the corridor of Dharamshala in the second floor. According to the landlords, the supplying of such articles, i.e., Takhatposh, wood etc. was also causing damage to the building, which has impaired its value and utility. The landlords had further claimed that the entire corridor measuring 64x5 ½ was illegally used for storing Takhtposh numbering to approximately 20 to 25. The tenants were also in arrears of rent of the premises w.e.f. 01.01.1998 till the filing of the petition and they were also liable to pay statutory increase at the rate of 10% after every five years. The rent from 01.01.1998 to 31.03.2001 at the rate of `253/- per annum comes to `3352.25/-.The total rent from 01.01.1998 till the filling of the petition with 10% increase comes to `4016.55/- and interest at the rate of `9% w.e.f. 01.01.1998 comes to `361.48/-.

3. The petition was resisted by the tenants, on the ground that the same was not maintainable. The President and Secretary cannot become the landlords of the premises in question. The provisions of the Rent Act were not applicable and the petition was barred by principles of resjudicata. On merits, it was pleaded that the tenants have not used the accommodation in dispute or the rooms for the purpose, other than that for which they were leased. The rooms were leased out to late father of the tenants for all purposes unconditionally. It was denied that the tenants were running business of supplying wooden Takhtposh and beddings to the marriage parties or for numerous public and privately held functions throughout Shimla, as claimed in the petition. According to the tenants, late father of tenants was given rooms No. 20, 21, 22 along with vacant space in the 1st floor and corridors for running the business of supply of Charpies etc..

4. Learned Rent Controller framed the issues on 07.07.2003. The petition was allowed on 12.06.2009 and the tenants were ordered to be evicted from the rooms No. 18, 24 and 25 in the second floor of R.S. Puranmal Dharamshala Trust, Cart Road, Shimla, H.P. on the ground of change of user and the tenants were found guilty of such acts and conducts, which caused the nuisance to the occupiers and visitors staying in the Dharamshala and the tenants were also using the said premises for commercial purposes which was causing damages to the building belonging to Dharamshala and has impaired the value and utility of the entire building. The tenants were also held to be in arrears of rent w.e.f. 01.01.1998 till the order dated 12.0