SOM NATH SHARMA Vs. PREM LATA

JUDGEMENT

(1.) THIS revision petition under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (briefly 'the Act'), is against the order dated 27.4.1989 passed by Appellate Authority (1), Shimla, confirming the order dated 31.8.1989 passed by the Rent Controller (2), Shimla, Eviction of the petitioner from the premises in dispute has been ordered by both the authorities under the Act, hence the petitioner has challenged the same by way of this revision petition.

(2.) BRIEFLY stated, the facts are that the landlords (hereinafter referred to as the respondent's) are the owners of the building known as Rattan Deep, Talbot Cottage, the Mall, Shimla. The petitioner is a tenant under them. He is in occupation of a big room measuring 14' x 11-6' on the first floor with a kitchen 6'-7" x 6"-6" and a toilet-cum-bath 6'-7" x 6"-6" on a monthly rent of Rs. 23.75 in addition to the municipal taxes.

(3.) THE case of the petitioner is that he is a contractual tenant on an yearly rent of Rs. 288 and he had paid the rent upto 31.3.1987 in pursuance of the demand notice dated 12.6.1985 alongwith municipal taxes. The assertion of bonafide need set up by the respondents had been denied. It is stated that the respondents have already sought eviction of another tenant, namely, Dalip Singh, who is occupying almost similar accommodation on the ground floor of the premises. Finally, it is also asserted that the respondents were creating nuisance and were harassing the petitioner.