VED PRAKASH SHARMA Vs. MADAN MOHAN SINGH

JUDGEMENT

(1.) Landlord Ved Prakash Sharma, petitioner herein (hereinafter referred to as the landlord), is aggrieved of order dated 07.08.2006 passed by the Appellate Authority (III) Shimla, in Rent Appeal No.25- S/14 of 05/04, titled as Sh. Madan Mohan Singh Versus Sh. Ved Prakash Sharma, whereby order of ejectment from the suit premises passed by the Rent Controller, Shimla, H.P., in Case No.48/2 of 1999, titled as Sh. Ved Prakash Sharma Versus Sh. Madan Mohan Singh, on 20.09.2004, against tenant Madan Mohan Singh (hereinafter referred to as the tenant) stands reversed.

(2.) Landlord filed a petition, under the provisions of Section 14 of H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the Act), seeking ejectment of premises identified as House No.423, Shiv Puri, Shimla. The grounds for ejectment being change of user from residential to commercial (running a printing press); subletting; and arrears of rent w.e.f. 01.03.1991.

(3.) Opposing the petition, tenant took specific stand of denial of having sublet the premises to Harjinder Singh Manku or being in arrears of rent. With respect to change of user, though admitting the premises to be residential in nature, pleaded creation of two tenancies one for residence comprising of two rooms, kitchen, latrine-cum-bathroom and another with respect to a dhara/shed let out for running a workshop.