SOM NATH SHARMA Vs. PREM LATA

JUDGEMENT

(1.) This revision under S.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 (I), 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 respodents') 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 toilet-cum-bath 6'7" x 6'.6" on a monthly rent of Rs. 23.75 paise in addition to the municipal taxes.

(3.) The respondents filed a petition under S. 14 of the Act for the eviction of the petitioner on the ground that the petitioner was in arrears of rent from 1-3-1977 to 21-7-1987 amounting to Rs. 2683.75 along with 8 per cent municipal taxes, totalling Rs. 214.72 and interest at the rate of 6 per cent per annum Rs.772.92 paise; the total coming to Rs.3671.39 and that the respondents bona fide required the premises for their own use and occupation and they had not vacated any such residential building without sufficient cause in the urban area of Shimla within five years of the filing of the eviction petition.