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