SOHAN LAL KHANNA Vs. AMAR SINGH

JUDGEMENT

(1.) THIS petition if filed by the petitioner-tenant being aggrieved and dis-satisfied with the order of eviction passed by Rent Controller (2), Shimla on November 26, 1994 in case No. 36/2 of 1991/90 and confirmed by the appellate authority (2) Shimla on September 25, 1997 in CMA No. 122-S/14 of 1994.

(2.) PETITIONER before the Rent Controller (respondent herein) is the owner of a house consisting of two rooms, one pantry, one kitchen, a bath and one common latrine with open verandah and compound in Cordel Cottage, Jakhoo, Shimla. The petitioner herein was the tenant of the said premises. They will be referred to as landlord and tenant, respectively. The landlord filed an application before the Rent Controller under Clause (a) of sub-section (2) of Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as 'the Act') on October 27, 1990 alleging that the tenant had ceased to occupy the rented premises for a continuous period of twelve months from the date of institution of the petition without reasonable cause and hence, he was liable to be evicted.

(3.) ON merits, it was contended that it was not true that the tenant had left Shimla or had ceased to occupy the premises for a continuous period of twelve months without reasonable cause. The case of the tenant was that he along with his wife was staying in the suit premises. Since the case was not covered by Clause (v) of sub-section (2) of Section 14 of the Act, the tenant was not liable to be evicted.