(1.) THE present petition has been directed against the judgment of learned Appellate Authority (II), Shimla, in C.M.A. No. 72 -S/14 of 1997 decided on 28th November, 2001 whereby order of eviction passed by Rent Controller (I), Shimla in Rent Petition No. 43 -2 of 1991 dated 30.9.1997 was set aside and the petition was dismissed on the ground that the premises in question fell within the definition of the "Public Premises".
(2.) THE facts in brief, giving rise to the instant petition may be noted thus. Petitioners herein, are the landlords of five storeyed building, known as 'Ramesh Bhawan', situated at Jakhu, Shimla -1, hereinafter to be referred as 'suit premises'. The landlords let out the suit premises to the respondent -bank in the year 1979 for housing its officers and employees along with their families. It has eight residential sets along with two stores on the ground floor. Monthly rent of the suit premises was fixed at Rs. 5,250/ - as alleged by the petitioner. However, no formal rent deed was executed inter se the parties. The petitioners had also sent a notice terminating the tenancy of the respondent and hand over its possession. The respondents did not vacate the suit premises. Thus the petitioners sought eviction of the respondent -bank under the "H.P. Urban Rent Control Act, 1987", in short the "Rent Act" on the ground of bona fide use and occupation, as they did not have any residential house or property within the municipal area of Shimla Town preceding five years from the date of filing, the petition for eviction.
(3.) THE petitioners herein had filed a rejoinder to the above reply whereby they refuted the objections, raised by the respondent -Bank and reiterated even paras of their petition elaborating their stand.