DWARKA SHARMA Vs. DEVINDER KAKKAR

JUDGEMENT

(1.) The landlord (respondent herein), instituted, rent petition bearing R.C. No. 09 of 2009, before the Rent Controller-II, Dharamshala, District Kangra, H.P., seeking eviction, from, the demised premises of the tenant, on the ground (a) of the demised premises being unfit, for human inhabitation, and, its enjoining reconstruction after its being demolished: (b) of the tenant, without the consent, of the landlord, making material alterations, and, additions in the demised premises; (c) of the landlord holding bonafide necessity for personal use, and, occupation,of, the demised premises (d) and, the respondent/tenant constructing his own building, in, a locality named as "Nagina Ratna House, Barol, near Rainbow School Dari road Dharamshala. The learned Rent Controller concerned after perusal of the evidence adduced, by the contesting parties, rendered affirmative findings, upon, the issues, appertaining to the aforesaid grounds, reared in the rent petition. The tenant being aggrieved therefrom, preferred a statutory appeal, before, the learned Appellate Authority, and, the latter thereon, rendered a pronouncement hence bearing concurrence, with, the verdict recorded by the learned Rent Controller, upon, the apposite rent petition. The tenant is aggrieved therefrom, hence, has motioned this Court, through the instant civil revision petition.

(2.) Briefly stated the facts of the case, are, that the respondent herein, is the landlord of residential building bearing Municipal No.251, Kuchehry Adda, Dharamshala and the petitioner herein is a tenant in the said building. The premises includes three rooms, one kitchen, adjacent veranda, bath rooms, front veranda facing the kitchen and bed rooms, open courtyard including stairs. The accommodation was rent out to the tenant for Rs. 425/- per month. The premises is not fit for human habitation and the Municipal Council has directed the landlord to demolish the building as the same is in a dilapidated condition. The premises was let out to the tenant long back on oral agreement. The tenant/petitioner herein has retired from service and has also constructed his own building withing the locality named as Nagina Ratna House, Barol, near Rainbow School Dari road, Dharamshala. It is averred that the tenant/petitioner herein has made material alteration in violation of the agreed tenancy. The matter was reported to police. The building being old is not fit for human habitation. It is required for personal use of respondent herein/landlord as his son is doing business of medicines. The respondent herein/landlord is suffering from heart problem and he requires frequent checkup in Zonal Hospital which is near to premises. The respondent herein/landlord issued legal notice to the tenant, however, he did not reply the same. Hence the petition.

(3.) The petitioner herein/tenant, in his reply, filed to the eviction petition, has taken preliminary objections qua maintainability and that the landlord has not come to the court with clean hands. On merits, it is denied that the Municipal Council, Dharamshala issued various letters to landlord for demolishing the building. It is submitted that landlord wants to dispossess the tenant from the demised premises. Further submitted that the landlord wants to enhance the rent. It is denied that the building was rent out very long back. It is admitted that no rent deed was ever executed. It is denied that the tenant has made alteration in the premises. It is denied that the building is required for personal use and occupation by the landlord. It is submitted that the landlord recently got vacated one building from the Postal Department and the same was given to vegetable seller and also got vacated a complex from Punjab National Bank.