The landlord must demonstrate bona fide requirement for eviction, which is substantiated by evidence such as municipal approvals, while the condition of the building is immaterial.

JUDGMENT :

Bipin Chander Negi, J.

The present petition has been filed on behalf of the predecessor-in-interest of the present petitioners, who was the original tenant. The eviction petition in the case at hand was filed on two accounts:-

a) The building in question having become unsafe or unfit for human habitation and;

b) Building in required bona fidely by the landlord for the purpose of building or re- building and such re-building or re-building cannot be carried out without the building being vacated.

2. The Rent Controller after considering the pleadings and the evidence on record had allowed the eviction petition on the ground that the landlord bona fidely requires the premises for the purpose of building or re- building and that such building or re-building cannot be carried out without the building being vacated. Insofar as the ground of the building having become unsafe or unfit for human habitation is concerned, the eviction petition on the said account was negatived. The same was never assailed by the landlord/respondent. Hence, the said finding attained finality.

3. Against the aforesaid eviction order, an appeal was only preferred by the present original tenant. The appeal so filed was dismissed.

4. Feeling aggrieved thereof, the present petition has been filed. Learned Senior Counsel appearing on behalf of the petitioners submits that insofar as the ground for building or re-building is concerned, all that is stated in the petition is as follows:-

“i. The petitioners require the premises for rebuilding/re-construction, which cannot be carried out without the premises being vacated.”

5. In the aforesaid backdrop learned Senior Counsel appearing on behalf of petitioners submits that in terms of Section 14(3)(c), it is the requirement of law that when the premises in question are required for the purpose of building or rebuilding, then the landlord must specify bona fides in this respect and must categorically specify that the building or rebuilding cannot be carried out without the premises being vacated. As per the learned Senior Counsel in the absence of bona fide not being shown, the petition deserves to be dismissed outright. The learned Senior Counsel has also drawn the attention of this Court to the rejoinder filed by the landlord before the learned Rent Controller, as per the learned Senior Counsel herein again nothing has been stated qua the bona fide requirement of the land for seeking eviction of the petitioners on the ground of building or rebuilding.

6. Per contra learned counsel appearing on behalf of landlord/respondent has drawn the attention of this Court to the following specific portions of the eviction petition filed before the Rent Controller:-

18(2)………“The petitioners want to construct the building and want to put the same in more profitable use. (Technical report of the expert is enclosed herewith).

19(b) Any Other Information:- The petitioners have submitted the site plan to the municipal council, Theog for getting the plans approved for reconstruction. The relevant record of the same is enclosed herewith. The building is located in the heart of the town and main bazaar and can be put to more profitable use only when reconstructed. The petitioners have go sufficient means to reconstruct the building (location plan of the existing building is enclosed herewith).”

7. Other than the aforesaid, learned counsel for the landlord/respondent has drawn the attention of this Court to the Technical Report (Ex.P2/A) submitted on behalf of the landlord by PW2 (Vivek Karol), wherein it has been categorically stated that the building sought to be rebuilt is a two storeyed Dhajji Walled Structure. Besides the aforesaid, learned counsel appearing on behalf of the landlord/respondent has drawn the attention of this Court to Ex.A4 i.e. sanction letter issued by the Executive Officer, Municipal Council, Theog whereby on 17^th May, 2005, the landlord has been granted sanction to rebuild a three storeyed structure in place of