KANTA SHARMA Vs. SUDHIR BEHL

JUDGEMENT

(1.) The petitioners (hereinafter referred to as the `landlords') who have succeeded the estate left behind by the original petitioner-landlord Hans Raj (since dead) being his legal heirs have laid challenge to the judgment dated 06.08.2005 passed by learned appellate authority, Shimla in Civil Miscellaneous Appeal No. 42-S/14 of 2003, whereby on reversal of the order passed against the respondent (hereinafter referred to as the `tenant') by learned Rent Controller, Shimla in Rent Case No. 179/2 of 1998 has quashed the same and dismissed the rent petition. The parties hereinafter shall be referred to as `landlords' and `tenant' in short in this judgment.

(2.) The ejectment of the tenant was sought by Hans Raj, the predecessor-in-interest of landlords under the provisions of Section 14(3) (d) of the Himachal Pradesh Urban Rent Control Act, 1987, which reads as under:

(3.) The tenant was inducted in two rooms set consisting of one bed room, one drawing room-cum-dining room, kitchen, bath/W.C and balcony marked as `B' in the plan Ext. PW-5/A situate in first floor of building 114/1 Ward No. 11, Krishnanagar, Shimla (hereinafter referred to as the `demised premises' in short) in January, 1985. The rent as agreed upon was Rs. 750/- per month inclusive of all taxes. The rent note is Ext. PW-1/A.