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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Sanjay Kapoor – Appellant
Versus
Charanji Lal – Respondent
JUDGMENT :
(Bipin Chander Negi, J.)
The present petition has been filed against the judgement dated 03.09.2024 passed by the learned Appellate Authority (Mandi, H.P.) in Rent Appeal No.1 of 2024, whereby the learned Appellate Authority below has confirmed the eviction order dated 16.12.2023, passed by the learned Rent Controller (3) Mandi, District Mandi, HP in Rent Petition No.161 of 2013, titled Charanji Lal & Ors. Vs. Dalip Singh.
2. The present petitioner before this Court was the respondent before the Rent Controller. The facts, in the case at hand, are that the present respondents/landlords before the learned Rent Controller had filed a rent petition under Section 14 of the H.P. Urban Rent Control Act seeking eviction from the tenanted premises—a shop situated at 104/8 Darmyana Mohalla, Mandi Town, District Mandi, H.P., measuring 12.00 sq. meters, on a monthly rent of Rs.242/-. The eviction was sought on the grounds that the building was over 100 years old, in dilapidated condition and required reconstruction into a multi-storeyed RCC structure, for better returns.
3. The present respondent/landlords claimed that the premises had outlived their life, with cracks in the roof/slab,
A landlord can seek eviction if a substantial part of the building is unsafe or unfit for habitation, without waiting for it to collapse.
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 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.
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.
Pleadings in eviction cases under the East Punjab Urban Rent Restriction Act should be interpreted liberally, allowing for additional issues to be framed based on the substance of the claims rather t....
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