The High Court holds that a landlord's need for property repairs overrides the tenant's claims, reaffirming limited revisional jurisdiction.

JUDGMENT : 

VIVEK SINGH THAKUR, J.

1. This Revision Petition has been preferred under Section 24(5) of the H.P. Urban Rent Control Act, 1987 (herein after referred to as the Act in short) against the order dated 6.5.2022, passed by learned District Judge, Shimla, exercising the powers of Appellate Authority under the Act (herein after referred to as the Appellate Authority) in Rent Appeal No. 32-S/14 of 2020, titled as Kartaroo Devi Vs. Anil Sharma, whereby order of eviction dated 13.10.2020, passed by Rent Controller, Shimla in Rent Petition No. 41-2 of 2017/13, titled as Anil Sharma Vs. Kartaro Devi, has been upheld.

2. Petitioner herein is tenant and respondent is landlord and hereinafter they have been referred as tenant and landlord respectively.

3. I have heard learned counsel for the parties and have also gone through the record.

4. Landlord has preferred petition against tenant for her eviction from Shop No. 43/2, Ward No. 3 Lower Kaithu, Shimla-1, a non residential Halwai shop, on the ground that occupation of premises was bonafide required by the landlord for carrying out repair work and also major addition and alteration work in the building including the premises in reference and the said work was not possible to be carried out without vacating the premises in question, with further assertion that building was quite old and cracks were appearing in the walls, floors, and wooden roofs and roof sheets (tin sheets) had also totally ruined and damaged due to monkey jumps and the landlord was interested for making such extensive repair and renovation work and also alteration in the building which was necessary not only for survival of the premises in question but also the entire building of which the premises in reference was a part. It was further stated that after carrying out repair, alteration and renovation work with modern technique would increase the value and utility of the building and also income of the landlord. Another ground taken for eviction that tenant had failed to pay statutory enhancement/increase on the agreed rent w.e.f. February, 2012.

5. Tenant had opposed the eviction petition by filing reply with various preliminary objections and submissions, mainly with the plea that premises in dispute was owned by Kanshi Ram and after his death there are other legal heirs, apart from the petitioner/landlord and premises in question was in the tenancy of late Prithvi Chand, who was also survived by other legal heirs apart from respondent/tenant.

6. It was further claimed that petition was filed with malafide intention and ulterior motive as the petitioner/landlord was in habit of filing frivolous petitions on baseless grounds, and out of earlier two petitions filed by the landlord, one was dismissed by the High court and another was compromised and now landlord has devised a new ground to seek the eviction of the tenant. The pleas taken by the landlord for evicting the tenant regarding repair, alteration, modification and enhancement the value of the property and increase in income of the landlord were also denied.

7. In rejoinder, the plea taken in the eviction petition was re- affirmed by giving details, and to substantiate the claim of status of landlord as well as tenant, various rent agreements including rent agreement dated 20.7.2012 were also referred.

8. Landlord has examined eight witnesses, whereas tenant has examined two witnesses. On behalf of landlord his son as a Special Power of Attorney has appeared as PW-1, whereas tenant has been represented by her son Sandeep as RW-2 as her Special Power of Attorney.

9. Appearing as PW-1 Amit Sharma has re-iterated the grounds for eviction narrated in the Eviction Petition. He has also proved on record Special Power of Attorney Ex. PW-1/A and examination-in- chief by way of affidavit Ex. PW-1/B, rent agreement entered between landlord Anil Sharma and Deepak Ex. PW-1/C, General Power of Attorney executed by Anita Sharma in favour of Anil Sharma landlord Ex. PW-1/D, co