SUDHA BHARGAVA Vs. MANJU SHARMA

JUDGEMENT

(1.) The petitioner has filed this revision under Section 24(5) of the H.P. Urban Rent Control Act, 1987, (for short 'Act') against the order dated 21.12.2013 passed by learned District Judge, Shimla, in Rent Appeal RBT No. 103-S/14 of 2013/10 for setting aside the same, whereby he reversed the order of eviction dated 19.12.2009 passed by learned Rent Controller-II, Shimla, in Rent Application No.63-2 of 2008.

(2.) Petitioner Sudha Bhargava had filed eviction petition under Section 14 of the H.P. Urban Rent Control Act, 1987 pleading therein that the premises was let out to the respondent on 10.03.2002 on rent at the rate of Rs. 1750/- per month. It is averred that the premises in question is non-residential in nature situate in G-7 G.L.Bhargava Shopping Complex, Bhargava Estate, Tutikandi, Shimla and electricity facility has been provided in the premises in question. It is further averred that the respondent has not paid the rent with effect from 01.05.2005 and is liable to pay 10% increase in rent to the tune of Rs. 1750/- with effect from 01.04.2007. Eviction of the respondent was sought on the ground of arrears of rent.

(3.) The respondent resisted the application by filing reply and averred that she was neither inducted as tenant nor was in occupation of the premises and, therefore, the question of arrears of rent does not arise and prayer for dismissal of eviction petition was made.