JAGAT PAL DHAWAN Vs. KAHAN SINGHDEAD

JUDGEMENT

(1.) The landlord-plaintiff, whose prayer seeking eviction of his tenant under clause (c) of sub-section (3) of section 14 of the himachal Pradesh Urban Rent Control act, 1987 (hereinafter 'the Act', for short) has been refused, is in appeal by special leave.

(2.) The suit premises are nonresidential, consisting of one room and verandah on the ground floor, and one room on the first floor, in building no. 10/11, situated in mohalla Tarna, Seri Bazar, Mandi. The premises are owned by the appellant and held by the respondent on tenancy since 1950s. The premises are constructed of mud morter with cement plaster on the inner sides of the walls. The top has a roof of slates. The structure is about 100 years old.

(3.) On 28. 05.1988, the landlord initiated proceedings under section 14 (3) (c) of the act alleging that the premises are bona fide required by the landlord for reconstruction into three storeyed structure which cannot be carried out without the demised premises being vacated. According to the landlord, the demised premises, looking to their age and nature of construction, had outlived their utility. The requirement and its bona fides were questioned by the tenant-respondent who submitted that the structure of the building was safe and certainly not dangerous and hence did not stand in need of any reconstruction.