BHAGAT RAM THAKUR Vs. ENAKSHI MAHAJAN

JUDGEMENT

(1.) BHAGAT Ram Thakur has approached this Court for relief under Section 21(5) of the Himachal Pradesh Urban Rent Control Act, 1971, (hereinafter, "the Act"). The revision is being disposed of under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter, "the 1987 Act") on account of the provision contained in Section 34(2) of the 1987 Act.

(2.) SMT . Enakshi Mahajan is the owner of the premises in the tenancy of applicant Bhagat Thakur. The premises are residential in nature. Eviction from these premises was sought by Smt. Mahajan on these grounds :-

(3.) THE Controller, after framing necessary issues arising out of the pleadings of the parties, afforded opportunity to them to lead evidence. Smt. Mahajan appeared as PW1 in support of her case and also examined her husband as PW2. The tenant examined himself as the sole witness to substantiate his case. After hearing parties, the Controller recorded his order on August 16, 1983. He held that the tenant was in arrears of rent for the period and to the extent alleged by Smt. Mahajan. Also, that Smt. Mahajan had been able to establish that she had bonafide required for being permitted to occupy the premises which was in possession of the tenant. The finding further was that the tenant had constructed a residential building of his own after the commencement of the Act. On these principal findings the Controller allowed the application of Smt. Mahajan and directed eviction of the tenant from the premises in dispute.