BEFORE THE HON’BLE RENT CONTROLLER SHIMLA, AT SHIMLA
AMENDED PETITION
In the matter of:
Sh. Ajaib Singh Minhas resident of Flat No. 10 A, Goel Apartments below Vijay Sarawati
Complex, Kasumpti, Shimla-9, H.P.
.….Petitioner/landlord
Versus
1. Darshana Vasudeva W/o Late Sh. Gopal Krishan R/o Flat No. 10 A, Goel
Apartments below Vijay Sarawati Complex, Kasumpti, Shimla-9, H.P.
2. Mayank Vasudeva S/o Late Sh. Gopal Krishan R/o Flat No. 10 A, Goel
Apartments below Vijay Sarawati Complex, Kasumpti, Shimla-9, H.P.
…Respondents/Tenant
Application under section 14 of the Himachal
Pradesh Urban Rent Control Act, 1987 as
amended upto date for eviction of Respondents.
Respectfully Sheweth:
1. Municipal No. of the premises The Flat No. 10 A, Goel Apartments
and the name, if any consisting of two bed rooms, one drawing
room, one kitchen, one bath room and
balcony below Vijay Sarawati Complex,
Kasumpti, Shimla-9, H.P.
2. Street and Municipal Ward of below Vijay Sarawati Complex, Kasumpti,
division in which the premises Shimla-9, H.P.
are situated.
3. a Name and address of the As per memo of parties.
Landlord.
b Name and address of the As per memo of parties.
tenant/tenants.
4. Whether the premises are Residential.
residential or non-residential.
5. In the case of residential The premises is occupied by the
premises the No. of persons Respondents.
occupying same etc.
6. Whether any furniture is No.
supplied to the tenant for use
in the premises.
7. Details of fittings, if any Electric and water fittings have been
provided by the Landlord. provided by the applicant.
8. Details of accommodation. The Respondents is in occupation of The
Flat No. 10 A, Goel Apartments consisting
of two bed rooms, one drawing room, one
kitchen, one bath room and balcony below
Vijay Sarawati Complex, Kasumpti, Shimla-
9, H.P.
9. Whether the premises are Single tenant.
occupied by a single tenant
or by more then one tenant?
10. Amenities available in regard Amenities have been provided by the
to lighting, water, sanitation landlord.
and the like.
11. Monthly rent together with Monthly rent @ 6000/- per month.
details of house taxes etc.
12.a Date of completion of The building is sanctioned and approved
construction of the premises by M.C. Shimla.
and the cost thereof.
b. Whether completion report
was obtained? N.A.
13. Ratable value as entered in N.A.
the last property assessment
book of the MC etc.
14. Date on which the premises The premises was let out in April, 2012 by
were let to the tenant and Savitri Devi wife of Petitioner/Landlord
detail of agreement, if any, and the rent was fixed Rs. 6,000/- per
with the Landlord month.
15 Whether the fair rent of the No.
premises has been fixed
under the HP Urban Rent
Control Act, 1987.
16 Whether there are any sub- NO.
tenants?
17 Whether any additions or NO.
alterations?
18. Grounds of Eviction. 1. That Petitioner/Landlord has been
transferred to Shimla in April, 2013
as he is working in HPSEBL. Since
then Petitioner/Landlord is
requesting you to search new
accommodation as
Petitioner/Landlord wants to shift in
his house alongwith his family.
2. That Petitioner/Landlord has two
sons both married and wife in his
family and wants to reside in his
house alongwith his family.
3. That The Respondents has failed to
tender the rent from January, 2015
till date. As such he is liable to be
evicted from the residential premises.
4. That Petitioner/Landlord is going to
retire/superannuate on 31.05.2017
from HPSEBL department and will
reside with his family in his house
after retirement.
5. That Petitioner/Landlord has taken
bank loan on the premises for
renovation as he wants to shift in the
house with his family after retirement
and Petitioner is paying monthly
installments of aforesaid loan and
cannot start renovation work
because Respondents is not
vacating the rented premises.
6. That the petitioner wants to use
above said premises for personal
Bonafide requirement and requires
above said premises for his own
occupation as a residential house.
19 Whether notice required has The petitioner/applicant has issued a
given. legal notice dated 26.08.2015 to the
Respondents/tenant demanding the arrears
of rent due from January, 2015 till date, quit
the subject premises, move out and deliver
up the possession of the same to
Petitioner/Landlord. However, the Notice
was received back un-served as
Respondents did not permanently reside in
the rented house above and has an
alternate accommodation in same locality.
20 Any other relevant The Respondents/tenants have filed one
information? Civil Suit for permanent prohibitory
injunction which is still pending adjudication
before the Civil Judge, Court No.3, Shimla,
H.P.
It is, therefore prayed that this petition may kindly be allowed and an eviction
order be passed in favour of petitioner/applicant and against the Respondents ordering
and directing the Respondents to handover the peaceful and vacant possession of the
premises i.e. the Flat No. 10 A, Goel Apartments below Vijay Sarawati Complex,
Kasumpti, Shimla-9, H.P. consisting of two bed rooms, one drawing room, one kitchen,
one bath room and balcony for personal Bonafide requirement of petitioner and the
arrears of rent along with 9% interest may also be ordered to be paid to the petitioner ,
the cost of the Petition may also be allowed.
Petitioner
Through Counsel
Place Shimla H.S.RANA, Amrinder Singh Rana & Rakesh Kumar
Dated: -07-2018 Advocates
VERIFICATION:
I, Sh. Ajaib Singh Minhas resident of Flat No. 10 A, Goel Apartments
below Vijay Sarawati Complex, Kasumpti, Shimla-9, H.P., the above named petitioner,
do hereby verify that what has been stated in paras 1 to 20 of petition is true and correct
to my personal knowledge and no part of it is wrong and nothing material is concealed
therefrom.
Verified at Shimla on this …….day of july, 2018.
Petitioner
