SHRI MADAN MOHAN Vs. SMT. PUSHPA DEVI

JUDGEMENT

(1.) Present civil revision petition is filed under Section 24(5) of H.P. Urban Rent Control Act 1987 by tenant against order dated 03.05.2014 passed by learned Appellate Authority in Rent Appeal No. 1 of 2011 title Smt. Pushpa Devi v. Shri Madan Mohan.

(2.) Smt. Pushpa Devi landlady filed eviction petition against tenant namely Shri Madan Mohan under Section 14 (2) (v) of H.P. Urban Rent Control Act 1987. It is pleaded that demised premises is non-residential and monthly rent of demised premises is Rs. 770/- (Rupees seven hundred seventy) per month. It is pleaded that demised premises was rented out by original owner Smt. Gayatri Devi vide agreement dated 2.4.1993. It is pleaded that demised premises was purchased by Smt. Pushpa Devi from Gayatri Devi and thereafter Pushpa Devi became landlady of tenant. It is further pleaded that demised premises is situated in ward No. 6 MC area Satya Narain temple street Hamirpur (H.P.) It is pleaded that tenant has ceased to occupy the demised premises since 4/5 years and has started his another business style as Madan Sweet shop in Housing Board colony Ward No. 7 Hamirpur H.P. near the shop of Hans Raj. It is pleaded that tenant has ceased to occupy the demised premises continuously for twelve months preceding the institution of eviction petition. It is pleaded that notice was issued to the tenant. Prayer for eviction of tenant from demised premises sought.

(3.) Per contra response filed on behalf of tenant pleaded therein that petition is not maintainable. It is pleaded that petition No. 4 of 2002 is pending inter se parties before learned Rent Controller Hamirpur H.P. regarding same demised premises. It is admitted that demised premises was rented out by Smt. Gayatri Devi previous owner at the rate of Rs.770/- (Rupees seven hundred seventy) per month. It is pleaded that tenant is continuously performing the business and using the demised premises as shop-cum-store. It is pleaded that tenant did not cease the possession of demised premises at any point of time. Prayer for dismissal of eviction petition sought.