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2008 Supreme(HP) 335

DEEPAK GUPTA
Arun Bhanwara – Appellant
Versus
S. L. Srivastava – Respondent


JUDGMENT

Deepak Gupta, J.

1. This Revision Petition under Section 25(5) of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the Act) is directed against the order of the learned Appellate Authority, Shimla in CMA No. 60-S/14 of 2001 whereby the appeal filed by the respondent (hereinafter referred to as the tenant) has been allowed, the order of the Rent Controller has been set-aside and the petition for eviction filed by the present petitioner (hereinafter referred to as the Landlord) on the ground of personal bona fide requirement has been set-aside.

2. The undisputed facts are that the landlord is owner of the demised premises situated in building known as Tunnel View, Sanjauli, Shimla-6 consisting of two bed rooms with attached bath room and latrine, drawing-cum-dining room, kitchen and balcony. These premises were purchased by the landlord in the year 1986. Thereafter, the landlord had rented out the premises to one Sh. B.K. Chauhan. According to the landlord, when he got married he requested Sh. B.K. Chauhan to vacate the said premises. Sh. Chauhan vacated the said premises but admittedly the landlord did not occupy the same but rented out the same to the tenant

















































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