MADAN MOHAN SHARMA Vs. PUSHPA DEVI

JUDGEMENT

(1.) The tenant is the petitioner, who aggrieved by the order of eviction dated 18.04.2017 passed by the learned Appellate Authority, Hamirpur, H.P., has filed the instant Revision Petition.

(2.) The landlady sought eviction of the tenant mainly on the ground as contemplated under Section 14 (2) (v) of the H.P. Urban Rent Control Act, regarding the non-?use of tenanted premises for more than 12 months preceding the date of filing of the eviction petition. It was averred that the landlady had inducted the respondent as tenant in the shop in question situated in Satya Narayan Mandir Gali, Ward No.6, M.C.Area, Hamirpur, H.P. and he had ceased to occupy the premises for more than 12 months. It was alleged that for the last 4-?5 years, the respondent/tenant who had earlier been carrying out the business of hardware in the tenanted premises had switched over to another business in the name and style of M/s Madan Sweets Shop at Housing Board Colony Market, Ward No.7, Hamirpur, H.P., whereas the tenanted premises which were situated in Ward No.6 were not being used by tenant thereafter.

(3.) The tenant contested the petition by filing reply wherein preliminary objection regarding maintainability was raised. On merits, it was averred that the respondent was continuously doing the business and using the tenanted premises as shop-?cum-?store.