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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
BIPIN CHANDER NEGI
Raman Jain – Appellant
Versus
Raj Kumar Mehra – Respondent
| Table of Content |
|---|
| 1. use and occupation charges fixed rs 597.60/sqft 2018. (Para 1 , 2 , 3 , 9) |
| 2. market rate rs 1000/sqft per 2023 vicinity agreement. (Para 4 , 10) |
| 3. tenant's supplementary agreements rejected as not credible. (Para 5 , 6 , 11) |
| 4. equity requires erstwhile tenant pay market rates. (Para 7 , 8) |
| 5. occupied area determined as 315 square feet. (Para 12) |
| 6. enhanced rs 1000/sqft charges from august 2024. (Para 13 , 14) |
| 7. revisional power limited to legality propriety no reappraisal. (Para 15 , 16 , 17) |
| 8. first proviso bars only if alternative premises suitable. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
BIPIN CHANDER NEGI, J.
CMP No. 15981 of 2024
1. The present application has been filed on 2nd August, 2024. The same has been filed for enhancement of the use and occupation charges in the case at hand. Admittedly, eviction by the Rent Controller in the case at hand had taken place on 15.12.2017. Subsequent thereto, the landlord/tenant relationship inter se the parties stood cancelled. The landlord was entitled to use and occupation charges as operation, execution of the judgment passed by the Rent Controller had been stayed during the pendency
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Section 25 empowers the Rent Controller to summon and enforce the attendance of witnesses and to compel the production of evidence as the Court is empowered under CPC.
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The burden of proof lies on the landlord to establish a genuine and bona fide requirement for possession of the premises, and the tenant must prima facie make out a case that disentitles the landlord....
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