JIJAI KUMAR Vs. INDIAN COFFEE HOUSE

JUDGEMENT

(1.) This is a civil revision under sub-section (5) of saction 15 of the East Punjab Urban Rent Restriction Act 1849 (Act 111 of 1949) against the judgment dated August 9, 1968, of the Appellate Authority constituted under sub-section (1) (a) of the said section of the said Act. The appellate Authority who is the District Judge, Simla District, Simla, allowed the application of the respondent herein which had been filed in the Court of the Rent Controller under section 13(3) (a)(i) of the said Act for the eviction of the petitioner herein from the top floor of the building known as North Brook Terrace, The Mall, Simla.

(2.) The undisputed facts are that the third, fourth a fifth floors of the North Brook Terrace were on tenancy with the respondent society. The fifth floor of the building opens on the Mall Road and the society was running a coffee house on this floor. The fourth and third floors were being utilized by the society as its kitchen and godown. The sixth floor was in the possession of the previous owner Mr. Jaweri who was utilizing it as his residence. The society purchased the building in September 1966 and possesion of the sixth floor was delivered to it. The society converted the sixth floor also for the purpose of its business of runing a coffee house. The petitioner herein was a tenant of the previous owner in the seventh floor and continued to occuppy it even after the purchase of the entire building by the society. Shortly after the purchase, the managing Committee of the society passed a resolution (Exhibit A-2) recording the fact of the purchase and resolving that the premises in the occupation of the petitioner herein were required by it for the residence of its officers and staff. It was further resolved that action be taken against the petitioner herein for his eviction. In the meantime, it appears from the pleadings, a notice was served by the society upon the petitioner herein to vacate and hand over possession of the seventh floor and, by his reply dated November 4, 1966, the petitioner herein refused to do so.

(3.) Thereupon, the society filed the requisite petition before the Rent Controller. Simla, wherein it was stated that the society had purchased the aforesaid premises in September 1966 the top floor of which comprising of three rooms, two attached bath rooms with flush, attic and a shed, were in the occupation of the petitioner herein as a tenant. In paragraph 4 of the petition, it was stated :-