TULSI RAM THAKUR Vs. NARYAN SINGH GAZTA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 04.03.2008, rendered by the learned Appellate Authority in Civil Misc. Appeal No. 18 -S/14 of 2007.

(2.) MATERIAL facts necessary for adjudication of this revision petition are that the Respondent - landlord (hereinafter referred to as "the landlord" for convenience sake) instituted a petition under Sections 14 & 15(2) of the H.P. Urban Rent Control Act against the Petitioner -tenant (hereinafter referred to as "the tenant" for brevity sake), on the ground that he was a Government servant and stood retired from H.P. Government service on 31.10.1995 as Deputy Director, Animal Husbandry Department. He intended to settle at Shimla for rest of his life alongwith his wife and son, namely Suresh. He has purchased suit premises comprising of two katcha rooms, one storeyed, known as part of Hawbuck Granage Estate, Khalini vide sale deed dated 29.04.1980. The tenant was occupying the premises at the monthly rent of Rs. 30/ - per month. He has not paid the rent after September, 1995. The landlord is not even in a position to construct his own building over the aforesaid land without getting the possession of the aforesaid premises. He is a specified landlord and is entitled to recover the vacant possession of the premises in dispute within one year from the date of his retirement. He has not vacated any building within five years of the date of filing the present petition within the urban area at Shimla. The tenant is in arrears of rent with effect from 01.09.1995 till 01.01.1996.

(3.) THE landlord filed the rejoinder and reiterated his stand in the petition. The issues were framed by the learned Rent Controller on 29.10.2005 and 18.01.2006. The learned Rent Controller ordered eviction of the tenant vide order dated 28.02.2007. He ordered the tenant to deliver the possession of the premises in dispute within one month from the passing of the order to the Landlord.