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2001 Supreme(HP) 387

R.L.KHURANA
DR. GULSHAN KUMAR – Appellant
Versus
SUDERSHAN KUMAR – Respondent


Advocates Appeared:
Mr. Bhupender Gupta, Sr. Advocate with Mr. Neeraj Gupta, Advocate for the Petitioner; Mr. B.K. Sood, Advocate vice Mr. K.D. Sood, Advocate, for the Respondent.

JUDGMENT

R.L. Khurana, J.—The petitioner before this Court is the tenant. Aggrieved by the order of ejectment passed against him by the two forums below, he has approached this Court by way of the present revision petition under Section 24(5) of the H.P. Urban Rent Control Act, 1987 (for short the Act).

2. The tenanted premises comprise of a shop located in House No. 288 in Ward No. 4 of the Municipal Area of Palampur. The respondent landlord sought the ejectment of the tenant under Section 14(2)(v) of the Act on the ground that the tenant has ceased to occupy the tenanted premises for a continuous period of twelve months. According to the landlord, the tenant on having joined Government service has ceased to occupy the tenanted premises and that such premises are lying vacant since 12.12.1991.

3. The tenant while resisting the petition admitted that he had joined Government service. He, however, denied that he has ceased to occupy the tenanted premises. It was pleaded that the business under the name and stye of Messrs. Sharma Medical Store was being initially run by him and his mother Smt. Kaushalya Devi and that on his joining Government service, the business in the tenanted premi





















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