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1992 Supreme(HP) 47

DEVINDER GUPTA
SHIV RAM – Appellant
Versus
SHEELA DEVI – Respondent


Advocates Appeared:
For the petitioner(s):Mr. Chhabil Dass. For the respondent: Mr. N. K. Sood for Mr. K. D. Sood.

JUDGMENT

Devinder Gupta, J —Petitioners have in this petition filed under section 24 (5) of the Himachal Pradesh Urban Rent Control Act, 1987 (Act No. 25 of 1587) (hereinafter referred to as the Act) sought the setting aside of an order passed on 29th October 1990, by the Appellate Authority, Hamirpur, dismissing their appeal and thereby confirming the order passed on 20th January 1988 by the Rent Controller, Hatnirpur-

2. Eviction of tenant-petitioner No 1 from the premises in question was sought by the landlady-respondent on three grounds l (1) he being in arrears of rent at the rate of Rs. 150 per month, (2) he having sub-let the premises without the written consent of the landlady in favour of his son, petitioner No. 2, and (3) the tenanted premises having been subjected to conversion of user from banana store to trunk manufacturing and sale thereof and that too without the prior permission or consent of the landlady. The Rent Controller found the rate of rent to be Rs. 55 per month as against Rs. 150 per month, as alleged by the landlady and found that the tenant was not in arrears of rent. The plea of the landlady that the premises have been sub let was also negatived. However,












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