ROSHAN LAL POKTA Vs. ROAHAN LAL CHAUHAN
LAWS(HPH)-1991-4-1
HIGH COURT OF HIMACHAL PRADESH
Decided on April 04,1991

ROSHAN LAL POKTA Appellant
VERSUS
ROAHAN LAL CHAUHAN Respondents

JUDGEMENT

- (1.) Applicant Roshan Lal Pokta is landlord of a building called "Overvale Cottage" at Shimla. Earlier, he was a tenant in it. He purchased it in April 1982. The applicant is in occupation of the first floor. Respondent Roshan Lal Chauhan is a tenant in the ground floor. He was inducted by the previous owner in the year 1980.
(2.) On 5/05/1984, the landlord made an application seeking ejectment of the tenant on the ground of personal requirement under S. 14(3) (a)(i) of the H.P. Urban Rent Control Act, 1971 (for brief, "the Act"). The application was allowed by the Rent Controller on 28/06/1986, whereafter the tenant filed an appeal before the Appellate Authority. A caveat petition was filed by the landlord under S. 148-A CPC.
(3.) When the matter was taken up on 12/06/1987 before the Appellate Authority, a statement was made by the tenant saying, inter alia, that a compromise had been entered into between him and the landlord to the effect that the order of eviction would not be executed against him till 31/03/1989 and further that he (the tenant) undertook to deliver vacant possession of the premises to the landlord on or before 31/03/1989. He also stated that in case the undertaking given by him to deliver vacant possession of the premises to the landlord was violated, the tenant would be liable for contempt of Court. Upon it, the landlord also made a statement that he had no objection if the tenant was given time till 31/03/1989 to vacate the premises provided the undertaking which had been given by the tenant was accepted by the Court.;


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