MANOHAR LAL Vs. JOGINDER SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 20.7.2013 rendered in CMP No. 193-S/6 of 2013 and order dated 20.7.2013 rendered in Rent Appeal No. 19-S/14 of 2012 rendered by the Appellate Authority.

(2.) "Key facts" necessary for the adjudication of this petition are that respondents-landlords (hereinafter referred to as the "landlords" for convenience sake) filed eviction petition against the petitioner-tenant (hereinafter referred to as the "tenant" for convenience sake) under section 14 of the H.P. Urban Rent Control Act, 1987. According to the landlords, tenant has ceased to occupy the premises continuously for a period of 12 months immediately prior to filing of eviction petition. The premises were lying locked continuously. Tenant has acquired sufficient accommodation for his requirement at B-19, Sector-1, near State Bank of India, New Shimla, which was within the urban area. The residential premises were two rooms, one kitchen and one bath room. The rent was fixed @ Rs. 300/- per month.

(3.) The petition was contested by the tenant. It was denied that tenant has ceased to occupy premises immediately prior to filing of eviction petition. He was inducted as tenant in premises in the year 1962. He was inducted by previous landlords, i.e. Jagat Ram and Suresh Chand. He was unmarried when he was inducted as tenant. He got married in the year 1967. He requested the landlord for one additional room, which was used as godown by landlords. In the year 1994, tenant requested the landlords to grant permission to start commercial activities from premises and the same was agreed at the enhanced rent and upon payment of lump sum amount of Rs. 10,000/-. He has purchased B type plot in New Shimla in the year 1990. He has shifted to new premises in the year 2001. The premises were used by the tenant for business purpose. Tenant was suffering from skin problem. He was also suffering from heart ailment.