KULDEEP CHAND Vs. SUBHASH CHAND SOOD AND ANR.

JUDGEMENT

(1.) This Revision Petition is directed against the judgment of Additional District Judge (I), Shimla (Appellate Authority (I), Shimla) in C.M.A. No. 39 -S/14 of 198C whereby the order of eviction passed by the Rent Controller (3), Shimla, in case No. 55/2 of 1984 dated 9 -9 -1986 ordering the eviction of the tenant from the premises in dispute has been confirmed.

(2.) The facts, briefly, are that the landlord preferred eviction petition against Kuldip Chand (tenant) and Joginder Pal Sharma (Sub -tenant) under Sec. 14 of the Himachal Pradesh Urban Rent Control Act. 1971 (hereinafter for short 'the Rent Control Act'). It mentions two grounds of eviction, namely, arrears of rent from 1 -3 -1983 to 30 -6 -1984 at the rate of Rs. 378 perfume and interest at the rate of 6 per cent per annum and costs and that the tenant had after the commencement of the Rent Control Act transferred his right of tenancy to the sub -tenant without the written consent of the landlord. It has also been stated that the tenant had shifted his residence to Chandigarh where he was working with Ajeet Goods Transport Co.

(3.) The case of the tenant has been that he had been offering rent to the landlord but the same was not accepted for reasons best known to the landlord who was also asking for exorbitant enhancement in the rent. It is also the case of the tenant that he is permanently posted at Shimla and is in occupation of the said premises himself though he goes to Chandigarh every now and then in view of his service conditions but he had not shifted to Chandigarh permanently. As to the sub -tenant, his case is that the sub -tenant was his brother -in -law and was sharing the accommodation temporarily as a guest and was looking after the house -hold articles in his absence.