GAURI SHANKER Vs. TILAK RAJ SHARMA

JUDGEMENT

(1.) THIS and the connected revisions (being Civil Revision Nos. 153, 154, 155 of 1982 and 102 of 1981) under Section 21(5) of the Himachal Pradesh Urban Rent Control Act, 1971, (Act No. 23 of 1971) (for brief, "the Act") raised a common question of law. They were heard together and are being disposed of by a common judgment. For convenience, the facts of the case giving rise to Civil Revision No. 224 of 1982 are being mentioned.

(2.) THE premises in dispute is the upper storey of house No. 39/1, J.C. Building (Kuthiala Buildings), Middle Bazar, Shimla. Applicant Gauri Shanker is its tenant-respondent. Tilak Raj Sharma, purchased the building on June 15, 1972. He was living in the lower portion of house No. 39/1 from before as a tenant. On March 18, 1975 a petition under Section 14 of the Act was filed by Tilak Raj Sharma seeking ejectment of Gauri Shanker, inter alia, on the ground that he needed the upper storey of the house in the tenancy of Gauri Shanker for his personal occupation. Section 14(3)(a)(i) permits the landlord to apply to the Controller for an order directing the tenant to put the landlord in possession in the case of a residential building on the ground that he requires it for his own occupation. Evidence was partly recorded before the Controller in November, 1976. Recording of evidence on behalf of the landlord was concluded in November, 1979. In January, 1980 the evidence on behalf of the tenant was recorded. The Controller made an order on November 29, 1980 allowing the application and directing ejectment of the tenant. The appeal, which the tenant filed before the Appellate Authority, also failed. The Appellate Authority upheld the direction for ejectment made by the Controller, on August 13, 1982. The present revision was filed in this court on September 7/8, 1982. The tenant seeks the setting aside of the order passed by the Rent Controller and the Appellate Authority (Addl. District Judge, Shimla). During the pendency of the revision the Himachal Pradesh Urban Rent Control Act, 1987 (Act No. 25 of 1987) was enacted. It received the assent of the President on October 20, 1987. By Section 14(3), the Act shall be deemed to have come into force on November 17, 1971. This is the date with effect wherefrom the Himachal Pradesh Urban Rent Control Act, 1971, was enforced on account of its publication in the Extra Ordinary Gazette of that date.

(3.) BY virtue of the aforesaid, the provision contained in sub-section (8) of Section 14 became applicable to the instant case as well.