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1998 Supreme(HP) 165

A.S.ANAND, D.P.WADHWA
KALA – Appellant
Versus
MADHO PARSHAD VAIDYA – Respondent


Advocates Appeared:
Mr. G.I. Sanghi, Sr. Advocate, Mr. P.R. Behl and Mr. A. Chinnasamy, Advocates. For the Respondent:Mr. S.K. Puri and Mr. Arun K. Sinha, Advocates.

JUDGMENT

Dr. A.S.Anand, J.: This is a tenants appeal by special leave. Respondent-landlord filed an eviction petition against the appellants under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter the Act) seeking eviction of the tenant from a shop situated in Moti Bazar. Muhalla Suhra, Mandi Town, Him. Pra. According to the allegations made in the eviction petition the demised premises had been let out to Shri Hira Lal Sehgal, husband of appellant No. 1 Shri Hira Lal Sehgal died on 23rd February, 1983 and appellant No. 1 became the statutory tenant of the premises on his death. It was alleged that appellant No.l thereafter sublet the premises to appellant No.2. Ravinder Kapur and that in the demised premises business was being run by appellant No.2 though for "the advantage of both the appellants". The appellants filed a joint reply to the eviction petition and denied sub-letting. It was maintained that appellant No.2 who is the son of the sister of late Shri Hira Lal Sehgal had been brought up by late Shri Hira Lal Sehgal and that appellant No.2 was helping late Shri Hira Lal Sehgal in running his business at the demised shop till his death in 1983 and t


















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