HARI DASS SHARMA Vs. VIKAS SOOD
LAWS(SC)-2013-4-90
SUPREME COURT OF INDIA (FROM: HIMACHAL PRADESH)
Decided on April 29,2013

Hari Dass Sharma Appellant
VERSUS
Kesri Devi,Vikas Sood,Shiv Prashad Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These are appeals against the common order dated 02.09.2011 of the High Court of Himachal Pradesh in Civil Revision Nos.179, 180 and 181 of 2008.
(3.) The facts very briefly are that the appellant let out shops in premises No.5 Cart Road, Shimla (for short "the building") to the respondents. The appellant filed applications under Section 14 of the H.P. Urban Rent Control Act, 1987 (for short "the Act") before the Rent Controller, Shimla, for eviction of the respondents from the building on grounds inter alia that he bona fide required the building for purposes of addition and alteration of the building or rebuilding. The respondents filed their replies before the Rent Controller denying that the appellant required the building for additions and alterations or rebuilding. The Rent Controller framed an issue as to whether the building was required bona fide by the appellant for rebuilding or reconstruction. The appellant examined an official of the Municipal Corporation, Shimla, in support of his case that a plan for rebuilding/ reconstruction had been sanctioned and also a Civil Engineer in support of his case that the building was in dilapidated condition and required to be reconstructed. The Rent Controller after considering the oral and documentary evidence on record held that though the sanction plan of the building was not a requirement of the Act, it is a circumstance to establish the bonafide of the appellant to seek eviction for the purpose of rebuilding or reconstruction and also held that the building was old and the appellant was in the occupation of second floor of the building and for rebuilding or reconstruction, the respondents have to vacate the building and accordingly allowed the applications of the appellant for eviction of the respondents from the building. The respondents filed appeals before the Appellate Authority, Shimla against the order of eviction but the Appellate Authority dismissed the appeals.;


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