SHRI NARENDER SHARMA Vs. SMT. SUNAINA DEVI

JUDGEMENT

(1.) Since, both these petitions, arise, out of a common verdict, pronounced, by the learned Appellate Authority-(IV), Shimla, upon, Rent Appeal No.38-S/14 of 2013/2011, and, upon Cross-objection No.7-S/14 of 2015, hence, both are liable to be disposed off by a common verdict.

(2.) Civil Revision No.136 of 2015, stands directed against the judgment recorded by the learned Appellate Authority upon Rent Appeal No. 38-S/14 of 2013/2011, whereby, the aforesaid appeal preferred, before it, by the tenant/petitioner herein, against, the order of the learned Rent Controller stood dismissed, whereas, Civil Revision No. 137 of 2015, stands directed against the judgment recorded by the learned Appellate Authority, upon, Cross-objection No.7-S/14 of 2015, whereby, the learned First Appellate Court, allowed, the aforesaid cross-objections, preferred before it, by the landlord/respondent herein, directed against the rider put forth by the learned Rent Controller, while, allowing the rent petition instituted there before, by the landlord/respondent herein.

(3.) Briefly stated the facts of the case are that the landlord/respondent herein filed an application under Section 14 of the H.P. Urban Rent Control Act, 1987 (hereinafter referred as the Act), for eviction of the tenant/petitioner herein from the demised premises bearing Set No.14, Ground Floor, Sudagar Bhawan, House No.103, Sanjauli, Shimla. H.P. It is averred that the petitioner herein respondent is tenant in the aforesaid premises and he ceased to occupy the premises in question and had shifted to his newly constructed building. The premises in question was rented out to tenant in the year 1970. The premises in question is lying locked for a long time. The tenant has also raised illegal construction in the back of tenanted set, hence the landlady has filed the petition for eviction on the following grounds:-