TARSEM SINGH Vs. RAMESH CHAND AGGARWAL
SUPREME COURT OF INDIA
RAMESH CHAND AGGARWAL
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(3.)This appeal is filed against the order dated 26th July, 2001. Briefly stated the facts are as follows:-
The appellant had filed an eviction petition, inter alia, on the ground that he was retiring with effect from 30th April, 1992 and so required the premises for his own residence. The said petition was filed under the provisions of Section 15(2) of the Himachal Pradesh Urban Rent Control Act, 1987 . The said provision reads as follows :-
"15.(2) Where a specified landlord, at any time within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the appointed day whichever is later, applies to the Controller, along with a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect that he or his spouse does not own and possess any other suitable accommodation in the local area in which he intends to reside or to start his own business, to recover possession of one residential building for his own occupation, there shall accrue, on and from the date of such application to such specified landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary a right to recover immediate possession of such residential building or any part or parts of such building if it is let out in part or parts."
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