KANTA Vs. N.K. VYAS

JUDGEMENT

(1.) BOTH are tenant's revision petitions against the judgment dated December 29, 1986 of the learned Appellate Authority, who had accepted the landlord's appeals against dismissal of both ejectment petitions ordered by the Rent Controller, Shimla. As the petitioners are tenants of the premises in dispute in the same building and under the same landlord and also the grounds of ejectment in each one of the eviction petitions, separately filed, are the same, giving rise to common question of law and facts, it would be in the interest of justice to dispose of both the petitions by a common order.

(2.) INITIALLY , three eviction petitions were filed under Section 14 of the H.P. Urban Rent Control Act, 1971 (hereinafter shortly referred to as the Act). During the pendency of the appeal before the learned Appellate Authority, one of the tenant, namely, Kasturi Lal expired and thus, his accommodation fell vacant due to his death. Respondent-landlord came into possession of the accommodation of said Kasturi Lal. The other eviction petitions were dismissed which were appealed against. In order to know the description of the premises with the tenants-petitioners, the particulars thereof along with registration number of the appeal are tabled below :-

(3.) IN each case, the tenant pleaded that the landlord has sufficient accommodation as the set which is an occupation of Sh. Rattan Lal is in fact in possession of the landlord (N.K. Vyas). The story of tenancy of the father was mere concoction the father after retirement from Government service usually resides at Palampur and landlord is serving at Bilaspur. As per the tenants, landlord was in possession of six rooms with accessories and he had also constructed two rooms and kitchen recently. It was further contended that the landlord had got vacated one room in the ground floor two months back and also rented two rooms in the top floor. The petition for eviction was contended to be with ulterior motive for increasing the rent.