The substantive right conferred by Section 14(3)(c) of the Act has prospective effect only from the date the amendment was incorporated in the statute.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this petition filed under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987, the petitioners herein challenge the judgment passed by learned Appellate Authority. Chamba Division, Chamba, H.P. in Civil Miscellaneous Appeal No. 3 of 2006, titled as Krishan Kumar and Others vs. Smt. Bhoto and Others, in terms whereof, the learned Appellate Authority while allowing the appeal of the present respondents, set aside the order passed by learned Rent Controller, Chamba, District Chamba passed in Rent Petition No. 5 of 2003, titled as Krishan Kumar and Another vs. Smt. Bhoto and Others, dated 29.04.2006 and ordered the eviction of the petitioners on the ground of bonafide requirement for reconstruction by way of demolition.

2. Brief facts necessary for the adjudication of the present petition are that respondents/landlords (hereinafter to be referred as ‘the landlords’) filed an eviction petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987, against the present petitioners before the learned Rent Controller, Chamba. The eviction of the petitioners (hereinafter to be referred as ‘the tenants’) was primarily on the ground of bona-fide requirement of the demised premises for reconstruction by way of demolition. Learned Rent Controller dismissed the eviction petition after holding that evidence on record proved that the landlords had in the past forcibly evicted the tenants and they now wanted to take back the possession from the tenants by filing the eviction petition. Learned Rent Controller also held that the landlords had failed to establish the ingredients of Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act and their bona-fides that the shop was old and could not be rebuilt without being vacated.

3. In appeal, the Appellate Authority reversed the findings returned by the learned Rent Controller. Learned Appellate Authority held that as per record, the parties had long standing litigations amongst them, both civil and criminal. It further held that the learned Rent Controller in its order observed that PW1 had nowhere whispered that he had sufficient means to reconstruct the old shop in possession of the tenants which were incorrect findings as PW1 had categorically stated that the estimated cost of reconstruction of the shop was between Rs.1.50 Lac to Rs.2.00 Lac and that he and his brother were having this amount and both of them were shopkeepers. Learned Appellate Authority also held that RW1 Smt. Bhoto had admitted that shop of Ghhappi Shah was adjoining to the demised shop which stood newly constructed as a three storeyed shop and Yugal had also constructed a new shop and even Sardarji near to said shop had also constructed a new shop. Learned Appellate Court also held that admittedly Moti Restaurant was constructed adjoining to the shop of Lal Singh four years back and RW1 had admitted that jewelers who were having their shops near Banyan tree, had also demolished their shops and new two storeyed building has been constructed by them. Learned Appellate Court also took note of the fact that landlords had got sanctioned from the Municipal Council, Chamba, the building plan for the reconstruction of the shop and landlords were having sufficient means to carry out the reconstruction activity. On these counts, the learned Appellate Authority set aside the order passed by learned Rent Controller and allowed the appeal of the landlords for eviction of the tenants on the ground of bonafide requirement for reconstruction by way of demolition.

4. Feeling aggrieved, the tenants preferred this petition.

5. Learned Counsel for the petitioner has primarily argued that even if it was to be presumed that the demised premises was required for the purpose of reconstruction and that the landlords were having sufficient means to carry out said construction, the tenants were entitled for re-entry after the reconstruction of the shop in terms of the statutory