JOGINDER NATH SOOD Vs. JAGAT RAM SOOD

JUDGEMENT

(1.) Tenant, Joginder Nath Sood, has a grievance against the judgment of the appellate authority (Rent Act) in Civil Misc. Appeal No. 46-S/14 of 1984, 5-S/14 of 1985 whereby the appeal of the landlord, Jagat Ram Sood, has been allowed and order of eviction, from the demised premises, has been passed with a direction to the tenant to put the landlord in possession of the premises within a period of one month from the date of the order, thus, giving cause to the tenant to move this Court by way of this petition under Section 21 of the Himachal Pradesh Urban Rent Control Act, praying for the annulment of the impugned judgment and dismissal of the eviction petition initiated by the landlord.

(2.) The necessary facts of this case are that the tenant is in occupation of accommodation consisting of one room and a kitchen, on the first floor of the building known as 'Shesh Mahal', Lower Lakkar Bazar, Shimla. The landlord moved a petition under Section 14 of the Himachal Pradesh Urban Rent Control Act. 1971, seeking eviction of the tenant complaining that the tenant has ceased to occupy the tenanted premises for a continuous period of 12 months without reasonable cause. The tenant protested the allegation and stated, inter alia, that he never ceased to occupy the premises in dispute or that he has shifted to some building known as 'Butail Building'. Further more, it has been stated that his occupation of the premises in dispute is continuous and the landlord has failed to mention the material particulars in the petition, as are essentially required in accordance with law.

(3.) On the pleadings of the parties, the Rent Controller, proceeded to frame the following issues