GHANSHYAM LAI Vs. SEWA OASS THAKUR
LAWS(HPH)-1997-4-31
HIGH COURT OF HIMACHAL PRADESH
Decided on April 19,1997

GHANSHYAM LAI Appellant
VERSUS
SEWA OASS THAKUR Respondents


Referred Judgements :-

S.S. BENDRE V. SOU. SULAHHABAI MORESHW GHUMARE [REFERRED TO]
DEV KUMAR V. SMT. SWARAN LATE [REFERRED TO]
PASUPULETI VENKATESWARLU VS. MOTOR AND GENERAL TRADERS [REFERRED TO]


JUDGEMENT

R.L.KHURANA,J - (1.)The petitioner before this Court is the tenant, while the respondent is the landlord of the tenanted premises, comprising of the ground floor of the building known as Thakur Niwas at Oakwood, Shim la. The parties arc hereinafter are being referred to accordingly as tenant and landlord.
(2.)The landlord sought eviction of the tenant, under section 14 of the Himachal Pradesh Arban Rent Control Act, 1987 (hereinafter referred to as the Act) on the following grounds: - (a) That the tenanted premises are required bonafide by the landlord for his own use and occupation; and (b) That the tenant is guilty of such acts which amount to nuisance to other occupiers of the building The petition for eviction of the tenant was allowed by the learned Rent Controller (I), Shimla vide order dated 26.5.1994, on the ground that the tenanted premises arc bonafide required by the landlord for his own use and occupation: The ether ground of ejectment did not find favour with the learned Rent Controller. The tenant was accordingly directed to put the landlord in possession of the tenanted premises within sixty days from the date of order.
(3.)on an appeal having been carried before the learned Appellate Authority (Additional District Judi, s), Shimla, by the tenant, the order of ejectment passed by the learned Rent Controller was affirmed vide the impugned order dated 23.11.1996. Consequently, the appeal of the tenant was dismissed.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.