PETER TA TUNG Vs. DILA RAM

JUDGEMENT

(1.) Aggrieved by the judgment dated 16.07.2008 passed by learned appellate authority (Fast Track Court), Shimla in Rent Appeal No. 51 -S/14 of 2007, the petitioner -land lord has filed this petition for quashing and setting aside the same.

(2.) The petitioner is owner of building Catholic Club Shimla -171003. Predecessor -in -interest of the respondents Sh. Dila Ram (respondent -tenant before learned Rent Controller) was working as Bottom man in the shoe shop of the petitioner known as 'Ta Tung and Company'. He was allotted residential accommodation i.e. quarter No. 23 in the building in question (hereinafter referred to as the 'demised premises') for his residential purposes. A petition under Sec. 14 of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the 'Act' in short) came to be filed by the petitioner -land lord for eviction of the predecessor -in -interest of the respondent -tenant on the ground of ceased to occupy and also the impairing of the value and utility of the premises in question materially.

(3.) In reply to the rent petition, the defence of the respondent -tenant was that he was residing in the demised premises along with his family and never left the same. It is denied that he is not residing therein since January, 2003. Learned Rent Controller has framed the following issues: