MANBIR SINGH Vs. SURESH BANSAL AND ORS.

JUDGEMENT

(1.) This revision petition under Section 24(5) of the H.P. Urban Rent Control Act (for short the 'Act') is directed against the order passed by the learned appellate authority in a rent appeal whereby the petitioner/tenant has been ordered to be evicted from the premises in dispute and the order to the contrary as passed by the learned Rent Controller has been ordered to be set aside.

(2.) The premises i.e. Shop No.5 situate in Ward No.8, Solan had been let out to the tenant (petitioner herein) for non residential purposes on a monthly rent of Rs. 404.25 since 01.04.1994. The tenant had been running business of arms and ammunition in the premises. The premises was alleged to have been sub let by him firstly to M/s Desk to Desk Couriers Service and thereafter to M/s Blaze Flash Couriers Pvt. Ltd. The tenant was also alleged to be in arrears of rent and also to have changed the user of the premises and he was also alleged to be causing nuisance by testing and firing the air guns in the area affecting the passage to the Hotel. Eviction of the tenant was sought on the grounds stated above.

(3.) The petition was contested by the respondent/tenant by controverting the allegations. The tenant claimed to be Franchisee/Commission agent of respondent No.2. He denied having sublet the premises either to M/s Desk and Desk Couriers or M/s Blaze Flash Couriers Pvt. Ltd. It was averred that no rent was charged from the said Company. It was admitted that he was in arrears of rent but denied change of user or impairing the value and utility of the premises and causing nuisance.