Honble PASAYAT, J.—The present appeal is filed against the judgment and order dated November 27, 2001 passed by the High Court of Himachal Pradesh, Shimla in Civil Revision No. 35 of 1999. By the said order, a single Judge of the High Court of Himachal Pradesh dismissed the eviction petition filed by the landlord reversing order of ejectment passed by the Rent Controller, Shimla and confirmed by the Appellate Authority (II), Shimla.

(2). The appellant herein is the owner of the a building being House No. 108, Anandele, Shimla (suit premises for short). He let the first floor of the suit premises to the respondent. The landlord filed an eviction petition against the tenant in respect of the first floor of the building in November, 1980. The petition was allowed by the Rent Controller by an order dated October 31, 1984. The tenant preferred an appeal and challenged the decree of eviction. On September 17, 1986, however, a compromise was arrived at between the parties. On the basis of the said compromise, the tenant agreed to vacate first floor in favour of the landlord and was inducted as tenant of the ground floor of the same building.

(3). According to the landlord, at the relevant t

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