LAWS(SC)-1996-1-219

RAM SARAN Vs. PYARE LAL

Decided On January 16, 1996
RAM SARAN Appellant
V/S
PYARE LAL Respondents

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment dated 23-6-1992 passed by a Single Bench of the Himachal Pradesh High Court in C.R. No. 134 of 1992 arising out of judgment dated 16-5-1990 passed by the Appellate Authority (II), Solan in Rent Appeal No. 5 NL/14 of 1990/1988 reversing the order of eviction dated 30-9-1988 passed by the Rent Controller, Nalagarh in Case No. 6/2 of 1986.

(3.) The relevant facts concerning this appeal may be stated as hereunder. The shop room appertaining to khewat-khatanni No. Min. 354/498, Khasra No. 734, in Main Bazar, Nalagarh town is owned by the appellant-landlord. The appellant let out the said shop room to respondent No.1 on 15-7-1973 for a monthly rental at Rs.140/- excluding water and electric charges. The said respondent No.1 had been carrying on business of soap in the name of style of Ashoka Jain Industry. The landlord filed an application under Section 14 of the Himachal Pradesh Urban Rent Control Act (hereinafter referred to as the Rent Act) for eviction of respondent No.1 and his sub-tenant respondent No.2, Mahavir Gram Udyog Samiti, a society registered under the Societies Registration Act in 1977 on the grounds of arrears of rent and sub letting the said premises to respondent No.2 without consent of the landlord. It was also contended that the landlord required the suit premises for carrying out business with the help of land- lord's son.