JUDGMENT :

1. The petitioners herein filed a petition under Section 24 (5) of the H.P. Urban Rent Control Act, 1987, against the respondent/tenant, seeking his eviction on the ground of carrying out reconstruction and rebuilding, which as per the petitioners could not be carried out unless the Demised Premises were vacated by the respondent.

2. The petition was resisted by the respondent, inter alia, on the grounds of maintainability as well as the issue that no document qua permission for reconstruction and rebuilding of the Demised Premises was placed on record by the landlords.

3. The Demised Premises comprises of two rooms, kitchen, common bath room and common toilet in second floor of Pursharthi Basti, Bazar Ward, Bara Shimla, H.P.

4. On the basis of the pleadings of the parties, learned Rent Controller framed the following issues::::

“1. Whether the demised premises is in dilapidated condition and is not fit for human habitation, as alleged? OPA.

2. Whether the respondent is in arrears of rent qua the demised premises, as alleged? OPA.

3. Whether the petition is not maintainable? OPR.

4. Whether the petitioners are estopped from filing the present petition by way of their acts, deed