The court emphasized the importance of establishing a landlord's bona fide requirement for eviction under the Himachal Pradesh Urban Rent Control Act, 1987, and upheld the landlord's claim based on ownership and business expansion.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition filed under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987, the petitioner has challenged order dated 16.06.2023, passed by the learned Rent Controller, Court No.II, Shimla, H.P., in terms whereof, the Rent Petition filed by the respondent herein for the vacation of the demised premises was allowed as well as against judgment dated 18.03.2023, passed by the Court of learned Appellate Authority, in terms whereof, the appeal filed by the petitioner against the order of eviction has been dismissed.

2. The eviction petition was filed by the respondent-landlord hereinafter referred to as the landlord on the ground that the premises in question was a shop and a godown beneath the shop being used for non-residential purpose which was in the occupation of the tenant and that the same was bonafidely required by the landlord for his personal use and occupation for running the business. The case of the landlord was that he was running a business of Kiryana (General Merchandise) in a rented shop at Totu. He wanted to expand his business in the said field and wanted to add other packed items to increase his business, for which he required additional accommodation for opening a modern business centre/showroom. Therefore, as per him, the demised premises were required for the said purpose after the eviction of the tenant.

3. The rent petition was inter alia resisted on the ground that the plea of the landlord that the premises were required on the ground of bona fide requirement was wrong. The tenant in fact denied that the demised premises were transferred in the name of landlord by his mother in a family settlement. He denied that the accommodation was required for the purpose of opening a modern business centre/showroom and it was stated that the accommodation, which was, in the possession of the landlord was sufficient and the petition stood filed just to have the premises vacated from the landlord.

4. Learned Rent Controller framed the following issues on the basis of the pleadings:-

5. Learned Rent Controller framed the following issues on the basis of the pleadings:-

1. Whether the demised premise is bonafide required by the petitioner for his personal use and occupation, as alleged? OPP.

2. Whether this petition is not maintainable? OPR.

3. Whether the petitioner has suppressed the material facts from this Court? OPR.

4. Whether this petition is bad for non-joinder of necessary parties? OPR.

5. Relief.

6. On the strength of the evidence, which was made by the parties in support of their respective contention, the issues were decided as under:-

Issue No.1 : Yes

Issue No.2 : No.

Issue No.3 : No.

Issue No.4 : No.

Relief : The petition of the petitioner is allowed as per operative part of the order.

7. The petition was accordingly allowed by the learned Rent Controller vide order dated 16.06.2022, in the following terms:-

“In view of my findings on the issues above, the petition of the petitioner succeeds and the same is hereby allowed. The petitioner is held entitled for eviction of respondent from the tenanted premises i.e. shop in the top/first floor and godown beneath the shop in the ground floor of the building situated at Shimla Mandi Road at Tutu bounded on its side by tenanted shop of Joginder Lal and towards Jutogh side by the building of Late Sh. Faquir Chand on the ground of personal bona fide requirement. Further, respondent is liable to handover possession of the demised premises within 30 days from the date of this order. Memo of costs be prepared accordingly. The file, after its due completion be consigned to record room.”

8. In appeal, the findings were affirmed by the learned Appellate Court. Feeling aggrieved, the tenant has filed this Revision Petition.

9. I have heard learned counsel for the parties and I have also carefully gone through the order passed by the learned Rent Controller as well as the order passed by the learned Appellate Authority.

10. Learned Ren