SURESH SHARMA Vs. VEERA BALI

JUDGEMENT

(1.) THIS revision petition under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, "Rent Act" for short, is filed by Suresh Sharma, tenant, against the orders of eviction from the demised premises, passed by the learned Rent Controller (2), Solan, in Rent Petition No. 14/2 of 1988 dated March 28, 2000 as affirmed by the learned Appellate Authority, Solan, in Rent Appeal No. 7-S/14 of 2000 dated May 2, 2001.

(2.) IN order to appreciate the controversy, relevants facts may be noticed :

(3.) THE owner, Veeran Bali, (landlady for short) filed a petition, under Section 14(3)(a)(i) of the Rent Act for the eviction of the tenant Suresh Sharma on the ground that she bonafide requires the demised premises for her own use and occupation. She maintained that she was an old lady of 73 years of age. She is suffering from chronic asthma for long which has now precipitated. Her condition is deteriorating and she is not in a position to climb or descend the stairs from the first storey where she lives. Similarly, her husband Shri Ram Sawroop Bali was 78 years of age. He is also suffering from hypertension, diabetes and cardiac disorder. He too is unable to ascend or descend the stairs to first floor. It is the case of the landlady that she and her husband are unable to negotiate the stair case leading to first floor. In these circumstances, the landlady requires the premises, in occupation of the tenant, for her own occupation which are in the ground floor.