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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Satish Kumar Choudhary – Appellant
Versus
Bala Devi – Respondent
| Table of Content |
|---|
| 1. landlord files eviction for post-retirement personal need. (Para 2 , 3 , 4 , 5 , 6) |
| 2. alternative sets available, questioning eviction bonafides. (Para 7 , 11 , 12 , 13 , 14) |
| 3. rent controller grants; appellate reverses eviction. (Para 8 , 9 , 10) |
| 4. no other urban area accommodation required. (Para 15 , 16) |
| 5. vacating alternatives negates personal need claim. (Para 17) |
| 6. need persists till final decree via subsequent events. (Para 18 , 19) |
| 7. roadside premises suits elderly landlord's specific needs. (Para 20 , 21 , 22 , 23) |
| 8. tenant cannot dictate landlord's premises choice. (Para 24) |
| 9. eviction order affirmed; appellate judgment set aside. (Para 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
Satyen Vaidya, J.
Heard
2. By way of this Revision Petition, filed under Section 25 (5) of the Himachal Pradesh Urban Rent Control Act, 1987 (for short the Act), the petitioner/landlord has laid challenge to judgment dated 29.5.2023, passed by the learned Appellate Authority-II, Kangra at Dharmshala in Rent Appeal No.3-D/XIV/2023, whereby the order of eviction passed by the learned Rent Controller-I, Kangra at Dharmshala in Rent Case No. 6 of 2013 dated 22.2.2023, has been set aside and rev
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The landlord's bona fide requirement for additional living space for a growing family takes precedence over a tenant's claim to a property used occasionally for health benefits.
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