BALDEV PARSHAD Vs. RAKESH BHASKAR

JUDGEMENT

(1.) This Revision Petition under Section 16 of the H.P. Urban Rent Control Act, 1987 (hereinafter called 'the Act') is directed against the order dated 6 -4 -1994 passed by the Rent Controller (III), Shimla, District Shimla, whereby leave to contest has been granted to the Respondents tenants to contest the petition for eviction filed by the Petitioner landlord under Section 15 of the Act in his capacity as specified landlord.

(2.) THE facts in brief are that in the eviction petition filed by the Petitioner as specified landlord he has alleged that at the time of filing the eviction petition he was posted as Field Officer (Technical) in Special Bureau, Government of India, 20 -Craigdhu Hill, Shimla, from which post he was to retire on 30 -4 -1994. He was occupying Type III accommodation at Longwood Shimla which premises were to be vacated by him after his retirement. The further case of the Petitioner -landlord is that he has the intention to settle in Shimla and except the premises in dispute which are in occupation of the Respondents -tenants, he has no other premises suitable to his requirement and that of the members of his family Admittedly, the Petitioner landlord has become owner of the premises in dispute by way of a gift deed dated 3 -10 -1991 executed in his favour by its previous owner Smt. Satya Devi Sood. The gift deed is duly registered in the office of the Sub -Registrar Shimla and on the basis of it, mutation has also been attested in favour of the Petitioner -landlord.

(3.) APPRECIATING the facts and other material placed before him by the parties, the Rent Controller (III), Shimla, has come to the conclusion from the facts disclosed in the affidavits that triable issues arise in the case which cannot be determined by summary procedure prescribed in the Act, therefore, he has granted permission to the Respondents -tenants to contest the eviction petition.