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1991 Supreme(SC) 554

R.M.SAHAI, T.K.THOMMEN
Surinder Singh Sibia – Appellant
Versus
Vijay Kumar Sood – Respondent


Advocates:
ASHA JAIN MADAN, MADHU MULCHANDANI, N.S.HEGDE

`JUDGMENT

R. M. SAHAI, J.:- The short but interesting question of law that arises for consideration in this appeal, directed against judgment of the Himachal Pradesh High Court, is if possession given to competent authority under Himachal Pradesh Requisition and Acquisition of Immovable Property Act, 1972 (for brevity Requisition Act) is vacation of premises without sufficient cause within second proviso to sub-section (3) of S. 14 of Himachal Pradesh Urban Rent Control Act, 1987 deemed to have come into force with effect from 17th November, 1971 (hereinafter referred to as the Act).

Sub-section (3) of S. 14 is extracted below :

"(3) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession -

(a) in the case of a residential building, if-

(i) he requires it for his own occupation:

Provided that he is not occupying another residential building owned by him, in the urban area concerned:

Provided further that he has not vacated such a building without sufficient cause within five years of the filing of the application, in the said urban area;"

It enables a landlord to obtain an order for eviction of the tenant if he requires the building for h






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