UNION OF INDIA Vs. DUNI CHAND SHARMA

JUDGEMENT

(1.) THIS revision arises out of an order passed on 1st June, 1991 by Rent Controller, Shimla allowing the respondent's application under Section 15 of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as "the Act") and ordering the eviction of the petitioner.

(2.) THE admitted facts are that the premises in question comprising two rooms, one glazed verandah, kitchen, latrine and bath on the first floor of Ellingham Lodge, Cart Road, Shimla have been in occupation of the petitioner through Superintendent, Railway Mail Service, H.R. Division, Ambala Cantt. as tenant since 1969 pursuant to an agreement Ext. P-5. It is also not in dispute that the respondent was employed as a Lecturer in English language in Education Deptt. of Himachal Pradesh Government and retired on attaining the age of superannuation w.e.f. 31st of October, 1988. Premises in question were purchased by him from its previous owner Smt. Chander Kaur on 4th August, 1989.

(3.) AFTER the petitioner had been granted the requisite leave to contest the petition and reply was filed, the Rent Controller proceeded to record evidence of the parties and allowed the landlord's petition holding the respondent to be specified landlord, the premises to be residential and need of the respondent as bonafide. It is this order of Rent Controller which is under challenge in this revision.