M/S. BINDAL ENGINEERING WORKS Vs. SOM NATH

JUDGEMENT

(1.) The learned Rent Controller, Kasauli, District Solan, H.P., pronounced, an affirmative order, upon, an application cast before him, by the petitioner herein, under the provisions of Section 11, of, the H.P Urban Rent Control Act, with a prayer therein, for the non-applicant/respondent, being directed, to restore the electricity connection, in the rented premises. The respondent being aggrieved therefrom, hence preferred, an appeal before the learned Appellate Authority-III, Solan, District Solan, H.P., whereupon the latter Court, after allowing the landlord's appeal, hence, declined relief to the tenant, hence, the instant petition before this Court.

(2.) The petitioner/tenant would be entitled, to obtain an affirmative direction, upon, his application, cast under the provisions of Section 11 of the H.P Urban Rent Control Act, 1987, provisions whereof, are, extracted hereinafter, only upon his prima facie establishing, by adducing cogent material, displaying qua his being a tenant, under his landlord, in, the relevant premises.

(3.) The definition of, a, tenant, as, borne in Section 2, of the H.P Urban Rent Control Act, 1987, is extracted hereinafter, upon reading(s) whereof, it is concludable, qua, a person claiming tenancy, vis-a-vis, any premises, his being enjoined to prove qua his paying rent qua his landlord. Consequently, it was also imperative, for the petitioner, to, prima facie, prove qua his tendering or liquidating rent either to one Malkiat Singh or to the respondent herein.