Point of Law: It is settled law that landlords have right to put their property for better use and to obtain higher income.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner-tenant has filed this Civil Revision under Section 24(5) of Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as ‘Rent Act’) against the judgment dated 01.11.2019, passed by the Appellate Authority, Chamba Division, Chamba, H.P., in Rent Appeal No.1 of 2019, titled as Rattan Chand vs. Madhu Bharat Chadha & another, whereby order dated 22.06.2019, passed by the Rent Controller, Dalhousie, District Chamba, H.P., in Rent Case No.10 of 2013, titled as Madhu Bharat Chadha & another vs. Rattan Chand, has been affirmed.

2. For convenience petitioner and respondents shall be referred hereinafter according to their status in the Rent Petition, i.e. tenant and landlords respectively

3. Learned counsel for the tenant has submitted that Rent Petition was filed for eviction of tenant on the ground of arrears of rent, bonafide requirement, rebuilding purpose and that tenant had ceased to occupy the building for last 12 months preceding to filing of the petition. It has further been contended that landlords have failed to prove that building is in dilapidated condition so as warranting rebuilding, and for bonafide requirement and also that tenant has ceased to occupy the premises for last preceding 12 months from the date of filing of the petition and, therefore, it has been submitted that both the Courts have committed irregularity and material illegality resulting into perversity in the judgment warranting interference of this Court under revisional jurisdiction. In alternative, it has been contended that in case tenant is considered to be liable to vacate the premises, in reference, then direction, to complete reconstruction in time bound manner with right of re-entry to the tenant within the reasonable period, deserves to be issued to the landlords.

4. Learned counsel for the landlords has submitted that banafide of the landlords is evident from the fact that they have applied for reconstruction permission/sanction of the Plan and they intend to utilize their property for more beneficial use and for which condition of the building is immaterial and further that no doubt, tenant has deposited the amount of arrears of rent, in terms of order passed by the Rent Controller, but he is not paying use and occupation charges since passing of the order of eviction till date and is occupying the premises in question despite having constructed his own house at Banikhet, and he is making casual visits in the premises in reference, and is occupying it without paying single penny and, therefore, it has been claimed that apart from dismissing the petition, direction also deserves to be issued against the tenant to pay use and occupation charges @ Rs.10,000/- per month because the property in question is located in the heart of Dalhousie Town, where landlords are being deprived from optimum utilization of their property.

5. After considering the material on record that premises in question is situated in commercial locality having Hotels in its surrounding which have been constructed with modern designs and amenities and there is definite possibility of fetching more profit by the owner after reconstruction/rebuilding of the premises in question and for reconstruction landlords had also submitted application for permission to rebuild as well as Map for sanction/approval in May 2012, and landlords intend to rebuild the structure for better economic advantage and to yield better revenue, Rent Controller has allowed the eviction petition on the grounds that tenant was in arrears of rent to the tune of Rs.37,106/- and building was required by the landlords for reconstruction, with rider that in case of deposit of arrears of rent within the period of one month from the date of order, tenant shall not be evicted on the ground of arrears of rent, and further that, after reconstruction of building, tenant shall have right to re-entry to the premises in an area equivalent to the original premises being