DHARAM DASS Vs. KUSUM LATA

JUDGEMENT

(1.) This revision petition has been directed against the order dated 30.12.1997 of the learned Appellate Authority, Kullu upholding the order dated 13.12,1996 of the learned Rent Controller, Kullu whereby the petition filed by the petitioner for the ejectment of the respondent was dismissed.

(2.) The parties are related to each other. The petitioner is the maternal grand -father of the respondent. According to the petitioner, One shop situated within the Municipal Area of Banjar was let out by him to the respondent on 1.2.1986 on a monthly rent of Rs. 150. The petitioner preferred a petition under Section 14 of the H.P. Urban Rent Control Act, 1987 seeking ejectment of the respondent from the shop premises on the following grounds: (a) Non -payment of rent, with effect from 1.2.1986; The arrears of rent claimed till 30.11.1991 amounts to Rs. 10,500; (b) That the respondent has materially impaired the value and utility of the shop premises by allowing the same to remain closed and unoccupied for the last more than two years.

(3.) The respondent while resisting the petition denied the relationship of the landlord and tenant between the parties. It was averred that the shop premises were in fact let out to her mother Smt. Kamla Devi. The arrears of rent were denied. It was further pleaded that the respondent has not materially impaired the value and utility of the demised premises and that the shop is open being run by the tenant Smt. Kamla Devi.