S.GURBAX SINGH Vs. KALI DASS

JUDGEMENT

(1.) The present revision petition has been filed by Gurbax Singh petitioner (tenant) challenging the order dated 29 -3 -78 passed by the District Judge, Simla, exercising the powers of the Appellate Authority under the Himachal Pradesh Urban Rent Control Act, 1971, by which the appeal of the petitioner was dismissed with costs and the order of the Rent Controller dated 30th July, 1977 ordering his eviction from the disputed premises was upheld.

(2.) The brief facts of the case are that Shri Kali Dass respondent (landlord) filed an application under section 14 of the Himachal Pradesh Urban Rent Control Act, 1971 (hereinafter called the Act) for eviction of the petitioner from a residential set in house No. 126/1, Ladakhi Mohalla, Simla, on the grounds that the petitioner has ceased to occupy the said premises for a continuous period of 12 months without reasonable cause and also on the ground that the premises in question is in a dilapidated condition and requires repairs.

(3.) This eviction application was contested by the petitioner and upon the pleadings of the parties, the following issues were framed: -