MAGHI RAM Vs. ARYA SAMAJ, LOWER BAZAR, SHIMLA

JUDGEMENT

(1.) BOTH the Courts below have held against the petitioner-tenant that he has sub-let the premises, Shop No. 1 Ram Bazar, Shimla, of which he has been tenant under the respondent-landlord since long. By way of this Revision petition filed under Section 24 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter called "the Act"), the petitioner-tenant has challenged the judgment dated 3.9.1988 passed by the Appellate Authority Shimla, whereby the judgment dated 28.2.1987 of Rent Controller (3), Shimla, was affirmed.

(2.) IN the Eviction Petition, besides subletting, three more grounds for eviction, ceasing to occupy, materially impairing the value of the building and non-payment of rent, were also taken but the Rent Controller had passed the eviction order only on the grounds of subletting and non-payment of rent, which had become infructuous as the amount due towards arrears of rent was deposited within thirty days from the date of the eviction order. In appeal, the Appellate Authority has confirmed the findings of the Rent Controller and dismissed the appeal of the petitioner-tenant.

(3.) BEFORE dealing with this submission, it is necessary to refer to the relevant provision of the Rent Act which is as under :