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2020 Supreme(SC) 97

A.M.KHANWILKAR, HEMANT GUPTA, DINESH MAHESHWARI
Om Prakash – Appellant
Versus
Suresh Kumar – Respondent


Advocates Appeared:
For the Petitioner:M. C. Dhingra, Gaurav Dhingra, Kandra Indira, Advocates
For the Respondent:Sharmila Upadhyay, Advocate

JUDGMENT

A. M. KHANWILKAR, J.

1. Leave granted.

2. These appeals are directed against the judgments and orders dated 12.5.2016 in Civil Revision No. 227/2015 and 24.8.2016 in Review Petition No. 65/2016 passed by the High Court of Himachal Pradesh at Shimla (for short, ‘the High Court’).

3. The facts very briefly are that the appellant being owner of the premises having three rooms with one veranda, admeasuring 36.53 square meters situated in Ward No. 6, M.C. Area, near Sabji Mandi, Up Mahal, Hamirpur, Himachal Pradesh (for short, “the suit premises”), had inducted the father of the respondent as its monthly tenant in the year 1969 to use it for non­residential purpose and the respondent was in occupation thereof when the appellant filed eviction proceedings before the Rent Controller for possession. The respondent, at the relevant time, was carrying on business as cloth merchant in the suit premises. The Rent Controller vide order dated 28.11.2013 decreed the suit directing eviction of the respondent from the suit premises on the ground that the suit premises was required bonafide by the appellant for the purpose of reconstruction, which could not be carried out without vacating the s


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