SUSHEELA VERMA Vs. GOPAL MANDI SABHA

JUDGEMENT

(1.) THE present revision petition under Sections 24(5) of the H.P. Urban Rent Control Act (hereinafter referred to as 'the Act') is directed against the order passed by the appellate authority dated 1.4.2000 whereby the appellate authority has allowed the appeal of the landlord and set aside the order of the Rent Controller (I), Shimla dated 26.9.1998 and ordered the eviction of the tenant on the ground of non- payment of rent and the original tenant having been allotted accommodation reasonably sufficient for his requirement.

(2.) IT would be pertinent to point out that Shri Bhupinder Gupta learned senior counsel appearing on behalf of petitioners submits that he does not challenge the finding of the appellate authority with regard to the finding on the issue of non-payment of rent and his challenge is limited to two grounds, firstly, that the eviction petition has not been properly instituted nor it had been filed through a competent person and secondly that the landlord has failed to prove that the tenant had been allotted Government accommodation which is reasonably sufficient for his requirement.

(3.) THE tenant contested the petition and one of the grounds taken was that the petition had not been properly filed and the President had no authority to file the petition. It was admitted that 'Shri Gopal Mandir Sabha (Regd.)' was the landlord but it was denied that Shri D.Paul had any right to file the petition. With regard to the plea of allotment of Government accommodation, the stand of the tenant was that the premises had never been allotted to him nor it was reasonably sufficient for his requirement. According to the tenant he had not received any letter of allotment in this regard. On the pleadings of the parties, the trial Court framed the following issues: