A.M.KHANWILKAR,J. - (1.) Leave granted.
(2.) These appeals are directed against the judgments and orders dated 12.5.2016 in Civil Revision No. 227/2015 and 24.8.2016 in Review Petition No. 65/2016 passed by the High Court of Himachal Pradesh at Shimla (for short, 'the High Court').
(3.) The facts very briefly are that the appellant being owner of the premises having three rooms with one veranda, admeasuring 36.53 square meters situated in Ward No. 6, M.C. Area, near Sabji Mandi, Up Mahal, Hamirpur, Himachal Pradesh (for short, "the suit premises"), had inducted the father of the respondent as its monthly tenant in the year 1969 to use it for nonresidential purpose and the respondent was in occupation thereof when the appellant filed eviction proceedings before the Rent Controller for possession. The respondent, at the relevant time, was carrying on business as cloth merchant in the suit premises. The Rent Controller vide order dated 28.11.2013 decreed the suit directing eviction of the respondent from the suit premises on the ground that the suit premises was required bonafide by the appellant for the purpose of reconstruction, which could not be carried out without vacating the same followed by demolition thereof. That decree was confirmed by the appellate Court, against which civil revision being C.R. No. 227/2015 came to be filed before the High Court. During the hearing of the said petition, the learned counsel for the respondenttenant had urged before the High Court that the tenant was ready and willing to handover possession of the suit premises subject to the landlord (present appellant) agreeing to reinduct him as tenant in equivalent area occupied by him in the suit building. In response to the said submission, the learned counsel appearing for the present appellant, unequivocally, stated before the High Court that the appellant was not averse to the offer so made by the tenant. That statement has been recorded by the High Court and on that basis the civil revision came to be disposed of in the following words: "5. Mr. R.K. Sharma, learned Senior Advocate assisted by Ms. Anita Pramar, Advocate is not averse to the offer so made on behalf of the petitionertenant. It is stated at the Bar that construction work will be completed within one year from the date i.e. 30 th October, 2016, when the possession of the demised premises is to be handed over to the respondentlandlord. Mr. Sharma further submits that the petitionertenant will be re inducted in equal area in the newly constructed building within one month i.e. on or before 30 th November, 2017 from the date of completion of the construction work i.e. 31.10.2017. Mr. Sharma also agreed to the fixation of rent on reinduction of the petitionertenant at the market rates prevalent in the area where the demised premises situate by the Rent Controller concerned. 6. In view of the above, nothing is left to be adjudicated upon in this petition on merits. The same, therefore, is disposed of with a direction to the petitionertenant to hand over the vacant possession of the demised premises to respondentlandlord on or before 31st October, 2016. He shall pay the use and occupation charges till 31st October, 2016 at the rates, he is paying at present. On his failure to hand over the vacant possession by the aforesaid date, the respondentlandlord shall have the right to execute the order of eviction and in that event the petitioner tenant shall also have no right to claim his re induction in the newly constructed building. There shall be a direction to the respondentlandlord to complete the construction on the spot on or before 31 st October, 2017. He shall reinduct the petitionertenant in equal area i.e. 36.53 square meters, presently occupied by him in the demised premises within one month thereafter i.e. by 30th November, 2017. On the failure of the respondentlandlord to compete the construction within the stipulated period and re induction of the petitionertenant in the newly constructed building, he shall be liable to pay the damages at the rate of Rs.1,000/ per day from 1.12.2017 onwards till he is reinducted as tenant. 7. As regards the rent on reinduction, the parties shall file a joint application for the purpose in the Court of learned Rent Controller at Hamirpur. The application so filed shall be decided by learned Rent Controller, in accordance with law and taking into consideration the rates prevalent in the area where the demised premises situate, after affording an opportunity of being heard to the parties on both sides. Pending application(s), if any, shall also stand disposed of." (emphasis supplied) ;