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2002 Supreme(HP) 323

R.L.KHURANA
NAND KISHORE – Appellant
Versus
MOHD. IDRISH – Respondent


Advocates Appeared:
Mr. Kuldip Singh, Sr. Advocate with Mr. Jitender Thakur, Advocate, for the Petitioner; Mr. Sanjeev Kuthiala, Advocate, for the Respondents.

JUDGMENT

R.L. Khurana, J.—The petitioner is the landlord while the respondents are the tenants. The parties are hereinafter being referred to accordingly.

2. The tenanted premises consist of a shop, being shop No. 12, Ward No. 1, Mohalla Katcha Tank, Nahan, located in Khata No. 103, Khatauni No. 189 and Khasra No. 367 near Masjid.

3. The landlord preferred a petition under Section 14, H.R Urban Rent Control Act, 1987 (for short the Rent Act) seeking ejectment of the tenants from the tenanted premises on the following grounds:— (i) Non-payment of rent with effect from 1.11.1997; (ii) The tenants have carried out additions and alterations in the premises without the consent of the landlord which has resulted in closing of the door at the rear wall of the tenanted premises which was used for access to the backyard part of the vacant land of the landlord and there is no other passage through which the landlord can have access to his vacant part of the land comprised in Khasra No. 367; and (iii) The tenanted premises are required bonafide by the landlord for the purpose of making substantial additions and additions thereto, which cannot be carried out without the tenanted premises being v


















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