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Judgment
9 paragraphs · 396 wordsLeave granted.
The High Court has confirmed the order of eviction with clarification that the eviction order shall not be executed unless the landlord produces before the Executing Court the building plan duly sanctioned/approved by the competent authority. It is open for the tenant to apply for re-entry into the building in accordance with the proviso to Clause(c) of Section 14(3) of the Himachal Pradesh Urban Rent Control Act, 1987.
During the course of arguments, it is brought to the notice of the Court by the learned counsel for the tenant that permission is not being granted in Shimla for reconstruction of the building and, therefore, the tenant will not be reinducted at all by the landlord.
Per contra, it is submitted by the learned counsel for the landlord that the appellant/landlord does not wish to demolish the building and reconstruct the building but he would strengthen the old/existing structure of the building itself so as to make it available for users effectively in future. It is further submitted by the learned counsel for the landlord that the landlord would undertake to reinduct the tenant within 1½ years from the date of the tenant vacating the premises. He has filed an undertaking to that effect, the relevant portion of which reads as under:
"That as stated before this Hon'ble Court during the course of hearing on 22.10.2019, the answering deponent undertakes that he would rebuild the entire building including the suit premises consisting of Basement (510 square feet approximately) and Ground Floor (613 square feet approximately) within a period of 1½ years (eighteen months) from the date of handing over of the possession by the respondent)."
The undertaking as well as submissions made on behalf of the landlord/appellant are recorded.
Having regard to the above the following order is made:
The order of eviction passed against the tenant/ respondent stands confirmed. The landlord/appellant is permitted to renovate his building to strengthen it, if he so chooses. He shall reinduct the respondent/tenant in basement and ground floor within 1½ years from the date of tenant vacating the premises for the purpose of getting the building renovated as per proviso to Clause (c) of Section 14(3) of the Himachal Pradesh Urban Rent Control Act, 1987. The tenant/respondent would handover the possession of his portion to the landlord within two months from today.
The appeals stand disposed of accordingly.