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1982 Supreme(HP) 21

VYAS DEV MISRA
MOHINDER SINGH – Appellant
Versus
MOHD. IBRAHIM – Respondent


Advocates Appeared:
B. R. Tuli with B. B. Vaid, for Petitioner; Kapil Dev Sood, Devinder Gupta and G. C. Gupta, for Respondents.

ORDER

This is a tenants revision under S.21 (5) of the Himachal Pradesh Urban Rent Control Act, 1971 (referred to as the Act, against the order of the Appellate Authority, Simla, upholding the order of the Rent Controller (I), Simla, directing eviction of the tenant.

2. In Ladakhi Mohalla, Simla, is situated a building known as Imambara and bearing No.116/3. A set of two rooms, a latrine, and a verandah of the Imambara had been rented to Kulwant Singh and Mohinder Singh for their residence on a monthly rent of Rs. 11-90. A petition for eviction under S.14 of the Act was made against the tenants on the grounds that they have ceased to occupy the premises for a continuous period of 12 months without reasonable cause, that the tenants were in arrears of rent to the time of Rs. 315-32 paise; and that the premises were required by the petitioner for the personal use and occupation of a muezzin. This petition was resisted only by Mohinder Singh (referred to as the tenant). It was inter alia averred that the petitioner was neither the landlord nor was entitled to receive the rent, and since the building belongs to the Punjab Wakf Board, Ambala, Mohamed Ibrahim, who had filed the eviction p












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