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.

JUDGMENT :

(Bipin Chander Negi, J.)

A single eviction petition, in the case at hand, was filed on 01.03.2011 before the concerned Rent Controller with respect to the premises in the case at hand. The same was filed against Ram Prakash, Ram Shankar. The said two individuals in a judgment dated 16.12.2011 passed in Civil Revision No 26 of 2006 titled Vijay Kumar Goel vs Ram Shankar had been held to be joint tenants with respect to the premises in the case at hand.

2. The building, in which the tenanted premises is situated, is a five storey building. The ground floor, first floor and second floor of the building abut the Lower Bazar. At the Lower Bazar level, the building is identified as Building No.104, Lower Bazar, Shimla. The tenanted premises exist in the ground floor of the building bearing No.104, Lower Bazar, Shimla. Against the other tenants in the building eviction petitions on the ground of the demised premises having become unfit and unsafe for human habitation and on account of rebuilding and reconstruction have been filed.

3. In the eviction petition filed, it is an admitted fact that one shop in the top floor of the building, i.e., Shop No.91 A, the Mall Shimla and the third floor are in possession of the landlord. At the Mall Road level, the building is identified as building No.91A, the Mall Shimla. Qua the same, a Franchisee Agreement has been entered into by the sole proprietor firm Goyal Sons of the landlord/petitioner with M/s Gulati Retail India Private Limited.

4. The rent petition, in the case at hand (like other rent petitions against the other tenants in demised premises), was also primarily filed on two grounds, namely (a) that the demised premises has become unfit and unsafe for human habitation; (b) the premises is required by the landlord for rebuilding and reconstruction which cannot be carried out without the premises having vacated. The rent petition was allowed by the rent controller. Against the judgment of eviction passed by the rent controller on 28.06.2013 two separate appeals were preferred by the two joint tenants. Both appeals preferred were dismissed vide a common judgment dated 2.05.2015.

5. Both the Courts have examined the nature and condition of the premises/building, in the case at hand. Shimla is in seismic zone-IV. The building is more than 100 years old. It is a load bearing structure. The wooden frame in the Dhajjiwalls has become old and has rotted. The walls have developed cracks. The floors are sagging. The condition of the building, in the case at hand, has been admitted by the expert for the petitioner/tenant, as he has admitted the photographs Ex.PW-3/G-2 to PW-3/G-6. Based on the aforesaid, both the Courts have concurrently held that the building has become unsafe or unfit for human habitation.

6. The building, in the case at hand, exists in a highly commercial locality. Presently, it is an eyesore. The load bearing structure, in the case at hand, is to be replaced by RCC framed structure. The replacement of a 100 years old load bearing building which has out-lived its utility by a suitable RCC framed structure, besides, in a seismic prone area (Shimla is in a seismic zone-IV) a RCC framed structure is suitable, moreover the RCC framed structure would result in an increase in the floor area thereby would definitely reap economic advantage in favour of the landlord/respondent and when replaced by a suitable RCC structure then the same shall no longer be an eyesore. In the aforesaid facts, both the Courts have concurrently held that the need of the landlord, in the case at hand, is Bonafide for the purpose of rebuilding and reconstruction.

7. For the purpose of rebuilding and reconstruction of the load bearing structure by a RCC framed structure the petitioners/tenants would be required to vacate the demised premises, in the case at hand. It is a well settled position of law that when an eviction is sought on the ground of rebuilding and reconstruction, condition of the building is