K.S.RAWAT Vs. H.S.BISHT

JUDGEMENT

(1.) Both these revisions under section 16 (8) of the Hiraachal Pradesh Urban Rent, Control Act, 1987 (the Act, for short) are by two tenants against the same landlord and are directed against the order for their eviction passed by the Rent Controller, under section 16 (4) of the Act The respective orders show that leave to defend sought for was refused and eviction ordered on the basis that the respective tenants shall be deemed to have admitted the averments contained in the applications for eviction.

(2.) The applications before the Rent Controller related to two tenements on the ground floor of a building called the Bisht Bhawan situated in Sanjauli within the Municipal Limits of Simla. It is a two storeyed building owned by the respondent -landlord. The ground floor of the building is in the occupation of the two tenants in two separate apartments, A two room set on the first floor is in the occupation of another tenant, by name, Prabhu Lal One room on the first floor is in the occupation of yet another tenant Chet Ram and the landlord himself is in possession of a two room apartment on the first floor.

(3.) There is no dispute that the respondent is a specified landlord within the meaning of section 2 (i) and the present applications for eviction were filed within the time specified in section 15 (2) of the Act. He will be entitled to an order of eviction without contest if the conditions prescribed under section 15 (i) of the Act are satisfied and the affidavits tiled by the tenants for leave to contest do not disclose such fact as would disentitle the landlord from obtaining an order for eviction.