Judgment

R.C. Lahoti, CJI—An application seeking an order of eviction under Section 14(3)(a)(i) of the Himachal Pradesh Urban Rent Control Act, 1987, hereinafter, the Act for short, was allowed by the Rent Controller and the tenant was ordered to be evicted. The order was maintained in appeal by the Appellant Authority. The High Court has in exercise of revision ­jurisdiction set aside the order of eviction. The aggrieved landlords have come up in appeal by special leave.

2. It will be necessary to set out the relevant material facts in order to appreciate the controversy arising for decision. The suit premises are part of a double-storeyed building, bearing house number 108, situated in the city of Shimla, where the Act is applicable. The ground floor consists of one shop, one godown, one store-room and one kitchen. The first floor consists of two rooms, a kitchen, latrine and one verandah. The property belonged to one Ramji Dass. The two appellants before us, namely, Kailash Chand and Nokha Ram are real brothers. They purchased the property from Ramji Dass. The exact date of purchase is not known but it was sometime in the year 1980. Ramji Dass was carrying on his own business on t