BRIJ MOHAN Vs. BRAHMA NAND

JUDGEMENT

(1.) This revision petition under Section 24 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the "Act") has been preferred by the petitioner -tenant against the judgment dated 3.10.1997 passed by the learned Appellate Authority (District Judge), Una in CM.A. No.29 of 1993.

(2.) By Means of impugned judgment, order passed by the learned Rent Controller, Una has been set aside and while allowing the appeal of the landlord, he has directed the tenant to hand over the possession of the shop in question to the respondent -landlord on or before 31. 12.1997.

(3.) Madan Mohan, Joginder Pal and Brahma Nand landlords filed an eviction petition against Brij Mohan admitting and accepting him to be the tenant of a two roomed shop, situated in MairrBazar, Near Gherian Di Hatti, Santokhgarh. - According to them, the shop was let out by them to Musaffru, grand father of the tenant. After his death, tenancy devolved upon his son Ronak Lal i.e. father of the tenant and thereafter on the petitioner. Tenant was stated to be in arrears of rent for the period 1.1.1985 till date at the rate of Rs. 18/ -per month and he has also ceased to occupy the demised premises.