DEVI RAM Vs. SHYAM SUNDER

JUDGEMENT

(1.) THE petitioner is aggrieved by order dated 1.12.1994 passed by the Rent Controller, Kandaghat whereby his application for granting him leave to appear and contest the eviction petition has been refused to him and the eviction petition of the respondent-landlord, in his capacity as specified landlord, has been allowed and order of eviction has been passed against the petitioner tenant.

(2.) THIS court has heard learned counsel for the parties and gone through the record. The respondent-landlord filed eviction petition under Section 15 of the H.P. Urban Rent Control Act, 1987 (hereinafter called the Act), against the petitioner-tenant on the allegations that he was serving as Store Keeper in Government Industrial Training Institute at Bassi Pathana, District Fategarh Sahib, Punjab and he was due to retire on 30.4.1995 and having fallen within the definition of specified landlord, he had a right to get the premises in question vacated from the petitioner-tenant, as he did not have any other premises for his residence at Kandaghat, where he intended to settle after his retirement. His petition was supported by his affidavit as well as certificate in respect of his retirement from service w.e.f. 30.4.1995. The other relevant informations supplied under Item No. 19 of the petition are as under :-

(3.) IT is not in dispute that the notice was served upon the wife of the petitioner-tenant on 31.8.1994 but he preferred his application for leave to appear and contest the eviction petition on 27.9.1994, inter alia, stating the circumstances under which he could not prefer his application within the period of limitation of 15 days. His application was also supported by his affidavit. The respondent-landlord contested the application and refuted all the allegations made therein in his reply, which was also supported by his affidavit.