LAWS(HPH)-2016-9-55

ASHA TIWARI Vs. MANOJ KUMAR KANSARA

Decided On September 05, 2016
Asha Tiwari Appellant
V/S
Manoj Kumar Kansara Respondents

JUDGEMENT

(1.) Finding tenant-respondent Manoj Kumar Kansara, hereinafter referred to as the tenant, to have acquired an alternate vacant possession, the Rent Controller, in terms of order dated 29.12.2004, passed in Case No.23/2 of 2001, titled as Asha Tiwari v. Manoj Kumar Kansara, allowed the petition filed by landladypetitioner Asha Tiwari, hereinafter referred to as the landlady, directed eviction of the tenant from the tenanted premises.

(2.) Such order and findings of fact, came to be reversed by the Appellate Authority, in terms of order dated 27.6.2007, passed in Civil Misc. Appeal No.55- S/14 of 2006/05, titled as Manoj Kumar Kansara v. Asha Tiwari.

(3.) The Rent Controller found the tenant not to have produced the ration card, indicating the extent of his family, whereas the Appellate Authority, by taking note of the Voters' List, has held the extended family to be the family of the tenant.