SHIV RAM SHARMA Vs. BHUP CHAND SHANNA
LAWS(HPH)-1997-12-17
HIGH COURT OF HIMACHAL PRADESH
Decided on December 23,1997

Shiv Ram Sharma Appellant
VERSUS
BHUP CHAND SHANNA Respondents


Referred Judgements :-

PREM CHAND VS. BENI MADHAV [REFERRED TO]
BALAK RAM VS. B.N. GUPTA [REFERRED TO]
KAMAL ARORA VS. AMAR SINGH AND OTHERS [REFERRED TO]
DR. SUBHASH CHANDER VS. GANGA JOGINDER SINGH [REFERRED TO]
KISSAN MACHINES STORES (P) LTD...PATIALA THROUGH GIAN CHAND AND ANR. VS. BHANSESHWAR DAYAL [REFERRED TO]
HARI MITTAL VS. B.M. SIKKA [REFERRED TO]
MALINI AYYAPPA NAICKER NOW DEAD VS. SETH MANGHRAJ UDHAVADAS FIRM [REFERRED TO]
ABHAY SINGH SURANA VS. SECRETARY MINISTRY OF COMMUNICATION [REFERRED TO]
DEVBRATSHARMA VS. JAGJIT MEHTA [REFERRED TO]


JUDGEMENT

P.K.PALLI - (1.)This is the tenants revision petition laying challenge to the order dated January 22,1997 whereby petition under Section IS of the . Himachal Pradesh Urban Rent "Control Act, Hied by the specified landlord stands allowed resulting in the order of eviction of the tenants from the premises in question. The parties," here -in -after in this judgment, shall be referred to as -landlord and tenants.
(2.)The demised premises consist of raven rooms besides kitchen, toilet, Verandah and a store and are situated in the Town of Mandi. It is further an admitted position that these premises arc b occupation of the tenants on rent of Rs. 6UU/ - per month. The tenancy is said to be created in the year 1981. It is further not disputed that a school is being run in the premises with the name "Mandi Public High School". It is further not disputed that the landlord has retired as Assistant Engineer on December 31, 1994 and there is sufficient evidence placed on record to this effect. He is, thus, a specified landlord.
(3.)Pt. Shiv Ram Sharma, petitioner No. 1 in this petition, is the Chairman of the said school whereas Satish Saxena is its secretary and petitioner No.3 is Mandi Public School through its Secretary. The landlord sought ejectment of the tenants on the ground that he and his wife do not own and possess any other accommodation in the local area of Mandi Town and he intends to reside in the premises in question.


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