(1.) The present revision petition under Section 24(5), H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the Rent Act), has been directed against the order dated 16.10.1998 of the learned Appellate Authority (II), Shimla, affirming the order of ejectment dated 17.6.1993, passed by the learned Rent Controller (II), Shimla.
(2.) Respondent No. 1, Kurukshetra University (hereinafter referred to as the Petitioner), is the owner/landlord of the cottage (Annexe) in Eddelwaise Estate, situated behind Kamla Nehru Hospital, Shimla. The upper floor of this cottage consisting of two rooms, kitchen; bath and a dry latrine was let out to Petitioner No. l Shri Mohinder Singh (hereinafter referred to as Respondent No. 1) sometimes in August, 1965 on an annual rental of Rs. 40 plus Rs. 18 as taxes. The Petitioner filed a petition under Section 14 of the Rent Act seeking ejectment of the Respondent No. 1 on the following grounds:
(3.) Respondent No. 3 while resisting the petition, pleaded that he is a co-tenant of the tenanted premises alongwith Respondent No. 1. Sub-letting was denied. It was pleaded that Respondent No. 2 is neither living in the tenanted premises nor in possession of any part thereof. Arrears of rent as claimed were denied and it was averred that he was willing to pay/tender the rent which may be found due.