J.M.SHARMA Vs. M.M.BHALLA

JUDGEMENT

(1.) Petitioner (hereinafter referred to as the tenant), has filed this revision against the order dated 18.6.2002 passed by the learned Rent Controller, Solan, in Petition No. 46/2 of 2001. By impugned order, petition under Section 15(2) of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the Act), filed by the Respondent, who will be referred to as the landlord in this decision, was allowed.

(2.) Admitted facts of this case are that tenant hired premises from the landlord in the month of April, 2000. Rent settled was Rs. 3,600 per month. Landlord further admits that the tenanted premises are a part of three storeyed building. It is also admitted by him that he is occupying the top floor of the building as his residence which consists of three bed rooms, one drawing room, one dining room, one kitchen and one bath room. Almost identical accommodation is with the tenant.

(3.) At the time of hearing it was also not disputed that landlord had in fact retired on and w.e.f. 30.6.2002 from the Health Department of Himachal Pradesh Government as a Senior Medical Officer. In the aforesaid factual background, landlord applied for eviction of the tenant from the demised premises as a "specified landlord", under the Act, as he required the premises in question for opening a clinic for which purpose he did not have suitable accommodation. Alongwith the petition, a certificate of retirement issued by the Director Health Services was appended as also a rough site plan of the two storeys, i.e. one in occupation of the landlord and other with the tenant.