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Himachal Pradesh High Court · body

2018 DIGILAW 615 (HP)

Kawal K Kapoor v. Kali Charan And Sons

2018-04-11

DHARAM CHAND CHAUDHARY

body2018
JUDGMENT Dharam Chand Chaudhary, J —This judgment shall dispose of all the three petitions preferred by the tenants against order of their eviction passed by learned Rent Controller, whereas affirmed by lower Appellate Authority, on the grounds that the demised premises are bonafidely required by the respondent-landlord for rebuilding/reconstruction. 2. On having heard learned counsel on both sides and also going through the record as well as taking into consideration the settled legal position at this stage since the law extends a right of re-entry in favour of the tenant in similar area in the newly constructed building of course, on determination of the rent etc. afresh as per the rates prevalent in the market coupled with the factum of both Courts below have recorded concurrent findings qua eviction of the petitioners-tenants herein on appreciation of the evidence available on record, all the three petitions can be disposed of with a direction to the respondentlandlord to reconstruct the building in a time bound manner and re-induct them as tenants in the similar area as is in their respective possession at the present. Admittedly, the drawings of the proposed construction have not yet been approved by the competent authority. The landlord-respondent shall, therefore, get the plans first sanctioned. As and when such sanction is obtained the landlord shall serve the petitioners-tenants with notice in writing either personally or by post showing his intention to raise the construction and also to disclose the date of commencement of work therein. On receipt of such notice the petitioners-tenants shall hand over the possession of the demised premises under their respective use and occupation within six months thereafter. The construction work will be completed by the respondent-landlord within two years thereafter. On his failure to do so within the stipulated period the petitioners-tenants shall become entitled to damages towards the loss of earning to them, tentatively assessed as Rs. 5000/- per month immediately on the expiry of the above period of two years. The landlord shall continue to pay the amount in question to them till they are re-inducted in the newly constructed building as tenants. The petitioners-tenants, however, shall continue to pay use and occupation charges @ Rs. 1000/- per month from the date of this judgment till the vacant possession is handed over to the landlord. 3. All the three petitions stand disposed of accordingly. The petitioners-tenants, however, shall continue to pay use and occupation charges @ Rs. 1000/- per month from the date of this judgment till the vacant possession is handed over to the landlord. 3. All the three petitions stand disposed of accordingly. Pending application(s) , if any, shall also stand disposed of.