ADARSH KUMAR Vs. DHEERAJ KHANNA

JUDGEMENT

(1.) Present Civil revision petition is directed against the order dated 30.11.2012, passed by learned Appellate Authority, Chamba Division in Civil Misc. Appeal (Rent) No.10/2010, affirming the order passed by learned Rent Controller, Dalhousie, District Chamba, H.P, whereby petition filed by the respondent was allowed.

(2.) Briefly stated facts necessary for the adjudication of the present case are that the petitioner(in short " Respondent") filed petition under Section 14 of the H.P. Urban Rent Control Act,1987 for eviction of respondent( in short "petitioner") from the demised premises ( in short "premises") on the ground of arrears of rent as well as the tenant ceased to occupy the premises in question. Learned trial Court on the basis of the material on record, allowed the petition and held that the respondent is in arrears of rent at the rate of 4000/ - per annum from 30.6.2003 to 31.3.2004 for nine months and from 1.4.2004 to till date @ Rs.5000/ - per annum. The petitioner has been further held entitled to the statutory interest at the rate of 9%, and in case the respondent pays the rent within 30 days of the order, the respondent is not to be evicted on that ground only. However, he has been held to be evicted on the ground of "ceased to occupy the premise" continuously for 12 months immediately preceding the institution of the petition.

(3.) Feeling aggrieved and dissatisfied with the aforesaid order passed by learned Rent Controller, present petitioner filed an appeal under Section 24(1)(b) of the H.P. Urban Rent Control Act, 1987 before the learned Appellate Authority, which was dismissed by the learned Appellate Authority and findings returned by the Rent Controller were upheld. The petitioner aggrieved and dissatisfied with the impugned judgment, passed by learned Appellate Authority, preferred the instant revision petition.