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1991 Supreme(HP) 48

V.K.MEHROTRA
ROSHAN LAL POKTA – Appellant
Versus
ROSHAN LAL CHANHAN – Respondent


Advocates Appeared:
For the petitioner(s):Shri Bhupinder Gupta, Advocate. For the respondent(s):Shri A run Kumar Goel, Advocate.

JUDGMENT

V, K. Mehrotra, Actg. C J.—Applicant Roshan Lal Pokta is landlord of a building called "Overvale Cottage" at Shimla- Earlier, he was a tenant in it. He purchased it in April 1982. The applicant is in occupation of the first floor. Respondent Roshan Lal Chauhan is a tenant in the ground floor. He was inducted by the previous owner in the year 1980.

2. On May 5, 1984, the landlord made an application seeking ejectment of the tenant on the ground of personal requirement under section 14 (3) (a) (i) of the H P. Urban Rent Control Act, 1971 (for brief, "the Act")- The application was allowed by the Rent Controller on June 28. 1986, whereafter the tenant filed an appeal before the Appellate Authority. A caveat petition was filed by the landlord under section 148-A C.PC.

3. When the matter was taken-up on June 12, 1987 before the Appellate Authority, a statement was made by the tenant saying inter alia, that a compromise had been entered into between him and the land lord to the effect that the order of eviction would not be executed against him till March 31,1989 and further that he (the tenant) undertook to deliver vacant possession of the premises to the landlord on or before Ma








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