SURAJ KISHAN ARORA Vs. GOVIND SINGH

JUDGEMENT

(1.) The demised premises consists of three rooms, kitchen, bath -room, W.C. situated in first floor of Rattan Niwas Oak Wood, Jakhoo, Shimla. Govind Singh, present Respondent submitted a petition under Sec. 14 of Himachal Pradesh Urban Rent Control Act (hereinafter to be called as the Act), for the eviction of the tenant, the present Petitioner on the following grounds as pleaded by the landlord:

(2.) The tenant contested the petition and pleaded that there was no relationship of landlord and tenant between the parties. The answering Respondent was the tenant of one Smt. Kamla Devi and on her demise, of Sh. Baldev Chauhan. He has further pleaded that he was inducted by Smt. Kamla Devi widow of Rattan Chand as tenant. The grounds for eviction have been denied. It has been pleaded that no relationship of landlord and tenant existed between the parties as referred earlier. It was also pleaded that the present Petitioner was not residing in Shimla and had settled at Mauja Sheel, Tehsil Rohru and was an orchardist there. It was also averred that he had no professional responsibilities or other avocation at Shimla and he was also in occupation of spacious accommodation consisting of eight rooms which was situated in the top floor of the building in question. It was also pleaded that the Petitioner himself has surrendered this accommodation to Shri Baldev Chauhan for unknown reason and therefore, he was not entitled to any order of eviction on the ground of bonafide requirement, even if he has been -held to be landlord of the premises in dispute qua the answering Respondent.

(3.) Parties were put to trial on the following issues by the Rent Controller: