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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Bipin Chander Negi, J
Het Ram (deceased) through his LRs – Appellant
Versus
Mahesh Pal Sharma – Respondent
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
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.
A landlord can seek eviction if a substantial part of the building is unsafe or unfit for habitation, without waiting for it to collapse.
Eviction of tenant - Bonafide requirement of Landlord for reconstruction of premises – No statutory requirement of having sanctioned/approved plan.
The court affirmed that a landlord can seek eviction on grounds of a building being unsafe for habitation, and the need for reconstruction must be bona fide.
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.
Right to property, though not a fundamental right is still a constitutional right. Article 300 A of the Constitution of India proclaims that no person can be deprived of his property save by authorit....
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