VIJAY KAPOOR Vs. MAYA RAM
LAWS(HPH)-1997-1-1
HIGH COURT OF HIMACHAL PRADESH
Decided on January 08,1997

VIJAY KAPOOR Appellant
VERSUS
MAYA RAM Respondents


Referred Judgements :-

TARA CHAND SHARMA V. BAIJ NATH [REFERRED]
PHIROZE BAMANJI DESAI VS. CHANDRAKANT N PATEL [REFERRED]
ONKAR NATH VS. VED VYAS [REFERRED]
DEV KUMAR DIED VS. SWARAN LATA [REFERRED]



Cited Judgements :-

AMRIK AHUJA VS. VIJAY KUMAR SOOD [LAWS(HPH)-2022-7-100] [REFERRED TO]
DAYA GUPTA VS. JAI KUMAR [LAWS(HPH)-1997-11-13] [REFERRED TO]
SHRI ARUN BHANWARA VS. SL. SRIVASTAVA [LAWS(HPH)-2005-7-21] [REFERRED TO]


JUDGEMENT

- (1.)The petitioner before this Court is the tenant while the respondent is the landlord of the tenanted premises comprising of Western Set in the lower flat of the building known as "Sharan Ashram" Lower Kaithu Shimla. The parties are being hereinafter referred to accordingly as tenant and landlord.
(2.)The landlord sought eviction of the tenant under Section 14 of the H.P. Urban Rent Control Act from the tenanted premises on the following grounds :-
(a) that the tenanted premises are required bona fide by the landlord for his own use and occupation; and

(b) that the tenant has been misusing the tenanted premises and is guilty of such acts as to diminish the value and utility of the tenanted premises.

(3.)The petition for eviction of the tenant was allowed by the learned Rent Controller (I), Shimla vide order dated 16-6-1977. The learned Rent Controller came to the conclusion that the tenanted premises were bona fide required by the landlord for his own use and occupation. The other ground of ejectment did not find favour with the Rent Controller. The tenant was accordingly directed to put the landlord in possession of the tenanted premises within 60 days of the order.


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