KHEM CHAND Vs. KULDEEP CHAND

JUDGEMENT

(1.) Order of Limited remand:-

(2.) Khem Chand landlord filed eviction petition under Section 14 of H.P. Urban Rent Control Act 1987 for eviction of tenant. It is pleaded that premises is commercial premises situated in Shop No. M/257 main market Palampur. It is pleaded that monthly rent is Rs.100/- (Rupees one hundred) per month and premises was let out in the year 1971. It is pleaded that electricity bill is paid by tenant. It is pleaded that tenant has not paid rent of premises w.e.f. 1.12.1993 and premises is in dangerous condition and would collapse at any time. It is pleaded that premises is required by landlord for rebuilding into three stories structure after demolition of existing structure. It is pleaded that tenant could not carry out rebuilding without vacation of premises by tenant. It is pleaded that landlord requires the premises for his own use as landlord did not own any building within urban area and landlord has not vacated any such building within five years of filing the eviction petition. It is pleaded that back portion of demised premises has collapsed and partially demolished at the instance of Municipal Committee Palampur in consequence of notice. Prayer for acceptance of eviction petition sought.

(3.) Per contra response filed on behalf of tenant pleaded therein that eviction petition is not legally and factually maintainable. It is pleaded that act and conduct of landlord bars the landlord to file present petition. It is pleaded that landlord is estopped by his act, conduct and acquiescence to file the present eviction petition. It is pleaded that present petition has been filed just to harass the tenant. It is pleaded that present eviction petition is barred on concept of resjudicata. It is denied that premises has become unsafe and unfit for human habitation. It is pleaded that landlord can raise three stories structure/building without demolition of existing structure and without eviction of tenant. It is also denied that landlord requires the building for his own occupation.