BRIG (RETD.) R.S. VERMA Vs. ABHIJIT RAI

JUDGEMENT

(1.) These revision petitions under Sec. 24(5) of the H.P. Urban Rent Control Act, 1987 (for short 'Act') have been filed against the order passed by the learned Appellate Authority, Shimla, on 04.12.2007 whereby it partly reversed the findings recorded by the learned Rent Controller, Court No.3, Shimla and ordered eviction of the tenant on the ground that the predecessor-in-interest of the tenant/respondent had acquired vacant possession of part of his property No.23, Boileauganj, Shimla, on 01.09.1997 within the same urban area and sufficient for his requirement and since he did not occupy the same, he rendered himself liable to be evicted under the provisions of Sec. 14(3)(a)(iv) of the Act. The facts, in brief, can be summed up thus.

(2.) The respondent-landlord (hereinafter referred to as the landlord) filed an application under Sec. 14 of the Act for eviction of the petitioner on the following grounds:-

(3.) The tenant Dr.Kharak Singh Atrishi was though served but before filing written reply he unfortunately died and was substituted by Brigadier R.S. Verma (who hereinafter shall be referred as the contesting tenant).