SURESH KUMAR Vs. PROJU DEVI

JUDGEMENT

(1.) The judgment under challenge is Annexure P-1 passed by learned Appellate Authority under the provisions of H.P. Urban Rent Control Act (hereinafter referred to as the 'Act' in short) in Rent Appeal No. 40-S/14 of 2015 dated 27.7.2016.

(2.) The impugned judgment has been assailed on several grounds, however, mainly that learned Appellate Authority has failed to appreciate that the petitioner (hereinafter referred to as the 'respondent-tenant') was not served with the notice of Eviction Petition issued by learned Rent Controller. His further grouse is that learned Rent Controller has decided the Rent petition behind his back and without affording him opportunity of being heard. The respondent-tenant was paying the rent to the petitioner-landlady regularly, hence never remained in arrears of rent, however, this aspect of the matter has also not been taken into consideration.

(3.) The petitioner is owner of 'Nag Devi Niwas' Sanjauli, Shimla-171006. On 1.11.2011 the respondent was inducted as tenant in Set No. I of second floor comprising two rooms, one bathroom-cum-toilet, kitchen and common verandah, hereinafter referred to as the 'demised premises' by the petitioner-landlady. The rent allegedly was agreed upon as Rs. 4000/- per month. An application registered as CMP No. 5308 of 2017 has also been filed with a prayer to allow the respondent-tenant to place on record the paying slip whereby a sum of Rs. 32000/- was deposited in the bank account of Vikas (since dead), the son of the petitioner-landlady.