CHAMAN LAL Vs. RAMESH CHAND
LAWS(HPH)-1997-12-14
HIGH COURT OF HIMACHAL PRADESH
Decided on December 29,1997

CHAMAN LAL Appellant
VERSUS
RAMESH CHAND Respondents


Cited Judgements :-

RAJINDER KUMAR VS. JOGINDER SINGH [LAWS(HPH)-2007-8-62] [REFERRED TO]


JUDGEMENT

P.K.PALLI - (1.)Petition filed by the landlords agaisnt the tenants in respect of three shops stands allowed by the Rent Controller, Kangra. The tenants have been directed to hand over vacant possession of the shops in their occupation. A further direction has been handed down that the landlords after reconstruction of the building shall offer one shop to each of the tenants on the market rent prevalent at that time so that no prejudice is caused to the tenants by vacation of the demised premises and if, the landlords do not do so, the tenants may resort to the provisions contained in Sub -sections 4 and 5 of Section 14 of the Act. The appeal filed by the tenants before the appellate authority stands dismissed and the tenants are in revision petition before this Court. Parties hereinafter in this judgment shall be referred to as the landlords and the tenants.
(2.)Learned counsel appearing for the tenants Shri K.D. Sood with Shri Sanjeev Kuthiala is at pains to contend that the orders passed by the Rent Controller as well as appellate authority are liable to be set aside as the landlords have not been able to establish the grounds on which the ejectment of the tenants was sought.
(3.)Mr. Sood further proceeds to contend that the shops in question have not gone dangerous or dilapidated so as to endanger human life. It is further stated that the shops are quite in a good condition and the claim made by the landlords is mala fide and is aimed at enhancing the rent and is being used as a pressure tactic.


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