EAGLE TOURS AND TRAVELS Vs. JBS BAWA

JUDGEMENT

(1.) Instant civil revision petition filed under S.24 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter, 'Act') lays challenge to judgment dtd. 27/4/2018 passed by Appellate Authority-(IV), Shimla, Himachal Pradesh in Rent Appeal No. 31-S/14 of 2017 titled M/s Eagle Tours and Travels v. Sh. J.B.S. Bawa, affirming the order of eviction dtd. 29/8/2017 passed by learned Rent Controller-(1), Shimla, whereby Rent Petition No. 10-2 of 2014/10 under S. 14 of the Act, titled JBS Bawa v. M/s Eagle Tour and Travel, having been filed by the respondent came to be allowed on the ground of arrears of rent.

(2.) Precisely, the facts of the case as emerge from the record are that the respondent filed a petition under S.14 of the Act against the petitioner-tenant (hereinafter, 'tenant') for eviction from the demised premises known as Eagle Tour and Travels, Bawa Market, AG Chowk, Kali Bari (hereinafter, 'demised premises'), claiming therein that the tenant was inducted as a tenant in March, 1992 by way of oral agreement on monthly rent o Rs.1,000.00 and since then he has not paid any rent of the shop in question. Respondent claimed that the tenant has not paid amount of rent with effect from 1992 and as such, he may be evicted from the premises on the ground of arrears of rent.

(3.) Tenant refuted the aforesaid claim of the respondent by filing a detailed reply, claiming therein that there exists no relationship of landlord-tenant inter se parties and the petition deserves to be dismissed for mis-joinder and non-joinder of necessary parties. On merit, tenant claimed that the ownership of the demised premises, which is a shop in ground floor of building situate on Khasra No. 18 and 21, Up Mohal Kali Bari, Tehsil and District Shimla, Himachal Pradesh, stands recorded in the name of Central Government, and the respondent has nothing to do with the demised premises. Tenant further claimed that the demised premises were let out in March, 2002 by one H.L. Sethi, who was earlier in possession of the demised premises. Besides above, tenant also claimed that the petition is bad for non-joinder and mis-joinder of necessary parties because, neither M/s Eagle Tours and Travels is tenant in the demised premises nor he has any concern with the same, rather, one Varinder Kumar is tenant in the demised premises. Tenant claimed that he has been inducted as tenant by one H.L. Sethi on monthly rent of Rs.500.00 and payment of rent has been acknowledged by said H.L. Sethi. Lastly, the tenant claimed that since for more than 19 years, respondent never claimed any rent, it can be well presumed that there is no relationship of landlord-tenant between the parties and petition has been filed with a view to oust him and extract rent, which otherwise is not payable to him.