ASHOK KUMAR Vs. UTTAM CHAND

JUDGEMENT

(1.) UTTAM Chand respondent is the landlord of the demised premises which consists of four rooms situated in Main Bazar, Nadaun, Tehsil Hamirpur, fully detailed in the petition. These premises were let out on rent to the present petitioners on a monthly rent of Rs. 75/-. The landlord sought the eviction of the tenants under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter to be called as the Act), on the grounds namely :-

(2.) THE tenants contested the petition. They admitted the relations between the parties and also admitted that the premises were rented out on a monthly rent of Rs. 75/-. They have denied that they were in arrears of rent or have in any way changed the user of the demised premises. They also denied that they had materially impaired the value and utility of the demised premises, or that they were guilty of committing nuisance or sub-letting. The tenants raised the objection that landlord was estopped by his act and conduct to file the present petition for eviction.

(3.) ISSUES No. 1, 3 and 4 were decided against the landlord-petitioner, but the other issues No. 2, 5, 6 and 7 were decided in favour of the landlord and as a consequence thereof, the petition for eviction was allowed and the tenants were directed to deliver the vacant possession of the demised premises to the landlord within one month, and to this effect, Rent Controller passed the order on 24th December 1992.