MOHINDER SINGH Vs. MOHD IBRAHIM

JUDGEMENT

(1.) This is a tenant's revision under Section 21 (5) of the Himachal Prades Urban Rent Control Act, 1971 (referred to as the Act) against the order of the Appellate Authority, Simla, upholding the order of the Rent Controller (I), Simla, directing eviction of the tenant.

(2.) In Ladakhi Mohalla, Simla, is situated a building known as 'Imambara' and bearing No. 116/3. A set of two rooms, a latrine, and a verandah of the Imambara had been rented to Kulwant Singh and Mohinder Singh for their residence on a monthly rent of Rs. 11-90. A petition for eviction under Section 14 of the Act was made against the tenants on the grounds that they have ceased to occupy the premises for a continuous period of 12 months without reasonable cause; that the tenants were in arrears of rent to the tune of Rs. 315-32 paise; and that the premises were required by the petitioner for the personal use and occupation of a muezzin. This petition was resisted only by Mohinder Singh (referred to as the tenant). It was inter alia averred that the petitioner was neither the landlord nor was entitled to receive the rent, and since the building belongs to the Punjab Wakf Board, Ambala, Mohamed Ibrahim, who had filed the eviction petition, "had no right to" file it. It was denied that the tenant was in arrears of rent or that he had ceased to occupy the building as alleged.

(3.) On the pleadings of the parties as many as 8 issues were framed by the Rent Controller. He came to the conclusion that (a) that the tenants were in arrears of rent to the tune of Rs. 297-50 paise; and (b) that the tenants had ceased to occupy the premises as alleged. It was also held that the building was not needed for the muezzin. An order of eviction was passed against the tenants.