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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Krishan Pal – Appellant
Versus
Sohan Lal – Respondent
JUDGMENT :
Satyen Vaidya, J.
This Revision petition has been filed under Section24(5) of H.P. Urban Rent Control Act (for short, the Act) against the judgment dated 24.07.2023, passed by learned appellate Authority Kinnaur at Rampur Bushahr in Civil Appeal No.1-R/14 of 2023, whereby the order of eviction dated 14.12.2022, passed by learned Rent Controller, Rampur Bushahr in Case No.4/2016 has been affirmed.
2. The petitioner herein is the tenant and respondents are the landlords. For the sake of convenience, they will be hereafter referred to as tenant and landlords, respectively.
3. The landlords filed a petition for eviction of the tenant from the premises i.e. House No.45, Ward No.4, Kasba Bazar Rampur Bushahr, H.P. (hereafter referred to as the “building”)
4. It was alleged that the premises consisted of one shop on the ground floor and two rooms and a kitchen on the first floor. The rent was claimed at Rs.1,200/- per month since 2004, where after the tenant allegedly had stopped the payment. It was alleged that the landlords required the premises for their own use and occupation and for the use of their unemployed young members of the family, who were having professional degrees. I
The landlord's bonafide requirement for eviction is paramount, and the tenant's claims must be substantiated; revisional jurisdiction does not allow reappraisal of evidence.
Landlords must establish compliance with statutory requirements for eviction under the H.P. Urban Rent Control Act, including not occupying another building and not vacating without sufficient cause.
Eviction of tenant - Bonafide requirement of Landlord for reconstruction of premises – No statutory requirement of having sanctioned/approved plan.
The court reinforced that bona fide requirement of the landlord for business expansion is legitimate unless proven otherwise by the tenant, affirming limits of revisional jurisdiction in reviewing fa....
The eviction of tenants under the H.P. Urban Rent Control Act necessitates strict adherence to statutory grounds, particularly regarding personal bona fide requirements and timely rent deposits.
The court affirmed the eviction of tenants based on the landlord's bona fide requirement for reconstruction of a dilapidated building, emphasizing the limited scope of revisional jurisdiction.
The main legal point established in the judgment is that in eviction cases based on bonafide personal necessity, the landlords must prove their bonafide requirement and comply with the necessary plea....
A landlord's eviction petition under the Tamil Nadu Buildings Act may be upheld despite minor misquotations if bonafide personal necessity is proven.
Landlords have the right to seek eviction for bona fide personal use, and tenants cannot dictate property utilization.
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