LAWS(HPH)-2022-3-92

RAMESH CHHABRA Vs. HARMINDER SINGH

Decided On March 31, 2022
Ramesh Chhabra Appellant
V/S
HARMINDER SINGH Respondents

JUDGEMENT

(1.) By way of this civil revision petition filed under Sec. 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987, the petitioner herein has assailed order dtd. 25/9/2018, passed by the Court of learned Rent Controller, Shimla, at Shimla, in Rent Petition No. 6-2 of 2018/14, vide which, prilimnary Issue No. 1 framed by learned Rent Controller as to 'whether the rent petition was maintainable or not' stands decided against the present petitioner, i.e. tenant and in favour of the respondent herein, i.e. landlord.

(2.) Brief facts necessary for the adjudication of the present petition are that an application for eviction of the present petitioner (hereinafter to be referred as the 'tenant') was filed by the respondent herein under Sec. 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter to be referred to as '1987 Act'). The ground on which the eviction has been sought, as contained in para 18(a) of the rent petition, are reproduced herein below:-

(3.) By way of the reply which was filed to the rent petition, various preliminary objections were taken with regard to the maintainability of the rent petition, which included preliminary objection No. 1, which reads as under:-