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1988 Supreme(HP) 22

V.K.MEHROTRA
GAURI SHANKAR – Appellant
Versus
TILAK RAJ SHARMA – Respondent


Advocates Appeared:
For the Petitioner:M/s G. C. Gupta, S. R. Sharma, Devinder Gupta, and Miss Kamlesh Sharma, Advocates, for the landlords. For the Respondents:M/s K. D. Sood, D. K. Khanna and Subhash Punshi, Advocates, for the tenants.

JUDGMENT

V. K. Mehrotra, A. C. J.—This and the connected revisions (being Civil Revision Nos. 153, 154, 155 of 1982 and 102 of 1981) under section 21 (5) of the Himachal Pradesh Urban Rent Control Act, 1971, (Act No. 23 of 1971) (for brief, "the Act") raise a common question of law. They were hear together and are being disposed of by a common judgment. For convenience, the facts of the case giving rise to Civil Revision No. 224 of 1982 are being mentioned.

2. The premises in dispute is the upper storey of house No. 39/1, J.C. Building (Kuthiala building) Middle Bazar, Simla. Applicant Gauri Shankar is its tenant. Respondent, Tilak Raj Sharma, purchased the building on June 15, 1972. He was living in the lower portion of house No. 39/1 from before as a tenant. On March 18, 1975 a petition under section 14 of the Act was filed by Tilak Raj Sharma seeking ejectment of Gauri Shankar, inter alia, on the ground that he needed the upper storey of the house in the tenancy of Gauri Shankar for his personal occupation. Section 14 (3) (a) (i) permits the landlord to apply to the Controller for an order directing the tenant to put the landlord in possession, in the case of a residential buildin



















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