PYARE LAI SEHGAL Vs. KAMLESH VERMA

JUDGEMENT

(1.) This revision petition under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (here -after referred to as the Act) is directed against the order dated October 14, 1997 passed by the Appellate Authority (2), Shimla whereby the order dated August 22, 1994 passed by the learned Rent Controller (4), Shimla directing eviction of the petitioner /tenant (here -after referred to as the tenant) from the demised premises has been affirmed on the ground of tenant ceasing to occupy the premises.

(2.) Brief facts leading to the presentation of this petition are as follows. The respondent/landlady (hereafter referred to as the landlady) instituted an application for eviction of the tenant under Section 14 of the Act from the demised premises known as Eastern Side Set in G.F. of Shivkuti Building, Tutikandi Shimla on the grounds that he is in arrears of rent and has ceased to occupy the demised premises for a continuous period of twelve months immediately preceding the filing of the eviction petition without any reasonable cause.

(3.) The tenant resisted the eviction petition. In his reply he took the preliminary objections that the eviction petition is neither competent nor maintainable that the petition lacks material particulars and that the landlady is estopped to file the eviction due to her act, deed, conduct and acquiescence. On merits, the claim was denied. It was claimed that the tenant had been tendering the due rent but was not accepted by the landlady. It was also claimed that the tenant along with his family is residing in the premises in question and it has been specifically denied that he has creased to occupy the premises as claimed in the petition. It has been further clarified that because of the illness of the wife of the tenant, he had to remain out of Shimla in connection with her treatment and during winter months also he has to reside outside Shimla because his wife cannot reside in Shimla during winter months. Thus, the claim as made out in the eviction petition has been denied in toto.