MICHAEALS CATHEDRAL CATHOLIC CLUB Vs. HARBANS KAUR NAYANI

JUDGEMENT

(1.) The landlord has filed this revision petition against the judgment of reversal passed by the learned Appellate Authority setting aside the judgment of the learned Rent Controller, Shimla whereby the respondent -tenant was ordered to be evicted from the premises in question. The parties hereinafter in the judgment would be referred to as the landlord and the ˜tenant.

(2.) The landlord i. e. St. Michaeals Cathedral Catholic Club, Shimla through Us administrator and duly constituted attorney filed the present eviction petition under section 14 (2) (v) of the H. P, Urban Rent Control Act, 1987 (hereinafter referred to as the ˜Act) For better understanding the provision under which the ejectment is being sought is produced hereunder : - 14 (2). A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the applicant, is satisfied - (v) that the tenant has ceased to occupy the building or rented land for a continuous period of twelve months without reasonable cause ; the Controller may make an order directing the tenant to put the landlord in possession of the building or rented land and if the Controller is not so satisfied he shall make an order rejecting the application"

(3.) In the ejectment petition in para 18 (a), it is stated "that the respondent has ceased to occupy the premises in question for a period of more than 12 months without any reasonable cause and the respondent did not occupy the premises in question since July 1983 to first week of July 1990 and the premises were lying locked for the abovesaid five years without any reasonable cause".