JAGDISH CHAND Vs. SHASHI PAUL

JUDGEMENT

(1.) This revision petition under Section 24(5) of the H.P. Urban Rent Control Act, 1987, (hereafter referred to as the Act) is directed against the order dated 8.11.2002, passed by the learned Appellate Authority (II), Kangra at Dharamsala, thereby confirming the order dated 6.3.2001 passed by the learned Rent Controller (I) Kangra, directing ejectment of the Petitioner tenant (hereafter referred to as the Petitioner) from the premises occupied by him as such.

(2.) The facts relevant for the purpose of disposal of this petition are that the Respondent-landlord (hereafter referred to as 'the Respondent') filed a petition under Section 14 of the Act for eviction of the Petitioner from the premises specified in the site plan filed with the petition as "ABCD", situate on Mission Road, Ward No. 4, Kangra (hereafter referred to as the tenanted premises) on the grounds (i) that these premises are required by him for continuing education of his daughters, as at present his family is residing at a distance of 18 kms. from Kangra in Village Basnooh, rendering it difficult for his daughters to come daily to Kangra for the purpose of education and he does not own any other building in the concerned urban area and (ii) that the tenant is in arrears of rent amounting to Rs. 6,800 for the period May 1997 till the date of filing of the petition.

(3.) The Petitioner contested the claim and averred in his reply that the tenanted premises belonged to one Ram Saran who died issueless and the Respondent in collusion with the revenue staff got the mutation sanctioned in his favour though he is not the 'sole legal heir' of the deceased. The requirement of the Respondent as alleged in the petition has been denied. The averment that Petitioner was in arrears of rent has also been denied.