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2012 Supreme(HP) 94

V.K.SHARMA
Shri Satya Parkash – Appellant
Versus
Karam Chand – Respondent


For the petitioner:Mr. Bhuvnesh Sharma, Mr.Ramakant Sharma and Mr. Maan Singh, Advocates.
For the respondent:Mr. J.R. Thakur, Advocate.

JUDGEMENT

V.K. Sharma, J. (Oral).The petitioner (landlord) having been successful before the learned Rent Controller, but having failed before the learned FirstAppellate Authority is in revision before this Court.

2.The eviction petition was filed on three fold grounds of arrears of rent, the tenant having ceased to occupy the tenanted premises for a continuous period of twelve months without reasonable cause and the premises are required by the landlord to settle his son in business. It was allowed on the first two grounds as admittedly the ground of bona fide requirement was not available to the landlord under the Himachal Pradesh Urban Rent Control Act, 1987 (in short ‘The Act’) as the tenanted premises are commercial in nature and such ground is available only in respect of residential premises.

3.The case of the tenant was that initially a bigger premises was let out to him by the landlord, who later on requested him to vacate a part thereof to settle his son in business, which request was acceded. According to the tenant, he was carrying on the business of manufacturing and selling of wooden and steel furniture in the premises initially let out to him by the landlord. After he v










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