AMAR SINGH Vs. SOHAN LAL KHANNA

JUDGEMENT

(1.) Aggrieved from the order, dated 12th March, 1981 of the Appellate Authority, under the Himachal Pradesh Urban Rent Control Act, 1971 (hereinafter called the Act), the petitioner (landlord) has filed this revision petition.

(2.) The facts are that Sohan Lal respondent is a tenant of the petitioner in a residential premises in Cordel Cottage, Jakhu, Simla. The petitioner filed an eviction petition against the tenant under Section 14 of the Act on the grounds: (a) That the respondent (tenant) has not paid the rent; (b) That the petitioner is a member of the General Reserve Engineering Force (subject to Army Act) of the Union of India and requires the premises for the occupation of his family members and he is serving under special conditions within the meaning of Section 3 of the Indian Soldiers (Litigation) Act, 1925 and is posted in a non -family station. The designation of the petitioner is of Executive Engineer which is equivalent to the rank of Major : (c) That the respondent ceased to occupy the premises for a continuous period of more than twelve months without reasonable cause ; (d) That the respondent is misusing the premises by keeping it locked and unattended which has impaired the material utility ; and (e) That the respondent is guilty of such acts which are of continuous cause of nuisance to the occupiers of other sets in the building.

(3.) The petition was contested by the respondent, and on the pleadings of the parties the following issues were framed