Decided on April 19,1997

Lajwati Appellant
H.P. UNIVERSITY Respondents


M. Srinivasan, J. - (1.)There is no merit in this revision petition. The Petitioner is the landlady, who filed a petition for eviction under Sec. 14(2)(v) of the Himachal Pradesh Urban Rent Control Act, 1987 on the ground that the Respondent had ceased to occupy the disputed premises for a continuous period of 12 months and more without a reasonable cause. According to the Petitioner, the previous occupant by name Dr. Swaroop had vacated the premises in June-July, 1989 and the premises were allotted to Anr. employee only in Feb. 1991.
(2.)The Rent Controller accepted the case of the Petitioner and rejected the claim of the University that it was prevented from allotting the premises to any person by virtue of a Court order passed in a suit. The Rent Controller held that the premises were vacant from 3-4-1989 to 16-5-1990 and thus the requirement of Sec. 14(2)(v) was satisfied. The aggrieved University filed the appeal before the Appellate Authority.
(3.)The Appellate Authority has taken the view that the Rent Controller had gone beyond the pleadings of the Petitioner inasmuch as he has chosen to hold that the premises were vacant from 3-4-1989 when the specific plea of the Petitioner was that the previous occupant vacated the premises somewhere in June-July, 1989. The Appellate Authority has also held that the Rent Controller was in error in permitting the Petitioner to adduce rebuttal evidence after the Respondent closed its evidence. Thirdly, the Appellate Authority has held that in view of the order of the Civil Court, which was passed on 16-5-1990, the University had a reasonable cause for not allotting the premises to any other member of the staff. Consequently, the Appellate Authority allowed the appeal filed by the Respondent and set aside the order of eviction.

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