LAWS(HPH)-1983-4-1

RAM ASHRA HARI CHAND Vs. TARA CHAND

Decided On April 04, 1983
Ram Ashra Hari Chand Appellant
V/S
TARA CHAND Respondents

JUDGEMENT

(1.) AN eviction petition was filed on 11th July, 1978 by Tara Chand (landlord/petitioner) under section 14 of the Himachal Pradesh Urban Rent control Act, 1971 (hereinafter called the Act) with the Rent Controller, Simla, seeking eviction of M/s Ram Ashra Hari Chand Shopkeepers through Hari Chand proprietor/partner (tenant-respondent No. 1) from shop No. 2, Vishnu Bhawan, Sanjauli, Simla-6. M/s Hari Chand Amar Nath Halwai were impleaded as respondent No. 2 on the ground that respondent No. 2 was in possession of the premises as a sub-leasee of respondent No. 1 (tenant). In this judgment the landlord will be mentioned as petitioner, tenant as respondent No. 1 and alleged sub-tenant as respondent No. 2.

(2.) THE grounds of eviction were that (a) the tenant/respondent No. 1 was in arrears of rent and (b) the tenant/respondent No. 1 had ceased to occupy the premises for a continuous period of over twelve months. Other grounds were of subletting and converting the use of the shop premises into a godown/store and also for causing nuisance to the dwellers in the neighborhood and for having impaired the value and utility of the shop premises.

(3.) THE Rent Controller framed the following issues on 21st September, 1978 :