BHUPINDER SINGH NEGI Vs. NARESH JOSHI

JUDGEMENT

(1.) The tenant is the petitioner, who, after having lost before both the learned authorities below, has field the instant petition. The parties shall be referred to as the "landlord" and "tenant".

(2.) The landlord filed a rent petition under Section 14 of the H.P. Urban Rent Control Act, 1987 (for short, the "Rent Act") before the learned Rent Controller seeking eviction of the tenant on the ground that he had ceased to occupy the demised premises, i.e. set No. 1, Second Floor, Sidh Niwas, Sanjauli, Shimla-6 without any reasonable and probable cause after his transfer from Government Primary School Beolia, Shimla to Government Primary School, Naini, Tehsil Rampur. The eviction was further sought on the ground of arrears of rent.

(3.) The tenant contested the petition and denied that he had ceased to occupy the demised premises and in fact was temporarily out of Shimla in connection with his service, whereas his family was still residing in the demised premises. The claim of arrears of rent was also denied.