DEEPAK GUPTA,J. - (1.) THIS Revision Petition under Section 25(5) of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the Act) is directed against the order of the learned Appellate Authority, Shimla in CMA No. 60- S/14 of 2001 whereby the appeal filed by the respondent (hereinafter referred to as the tenant) has been allowed, the order of the Rent Controller has been set aside and the petition for eviction filed by the present petitioner (hereinafter referred to as the Landlord) on the ground of personal bona fide requirement has been set-aside.
(2.) THE undisputed facts are that the landlord is owner of the demised premises situated in building known as Tunnel View, Sanjauli, Shimla-6 consisting of two bed rooms with attached bath room and latrine, drawing-cum-dining room, kitchen and balcony. These premises were purchased by the landlord in the year 1986. Thereafter, the landlord had rented out the premises to one Sh. B.K. Chauhan. According to the landlord, when he got married he requested Sh. B.K. Chauhan to vacate the said premises. Sh. Chauhan vacated the said premises but admittedly the landlord did not occupy the same but rented out the same to the tenant in the year 1990. In the year 1997 the landlord filed a petition for eviction of the tenant on two grounds; firstly that the tenant is in arrears of rent from 1.11.1990 to 31.7.1997 and secondly that the premises are bona fide required by the landlord for the use and occupation of himself and his family.
(3.) THIS petition was contested by the tenant. After trial, the Rent Controller ordered the eviction of the tenant on two grounds; (i) that the tenant was in arrears of rent from November, 1999 till date of order i.e. 22nd August, 2001 and (ii) that the landlord required the premises for his own use and occupation.;