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2012 Supreme(HP) 625

DEV DARSHAN SUD
Som Dutt Dhiman – Appellant
Versus
Mandir Arya Samaj – Respondent


Advocates Appeared:
For the Petitioners:Ms. Jyotsna Rewal Dua, Advocate.
For the respondent:Mr. K.S. Kanwar, Advocate.

Judgment

Dev Darshan, J.

This revision petition under Section 24(5) of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the Act) has been preferred by the tenants/petitioners against the order of the learned Appellate Authority-I, Sirmaur District at Nahan, H.P. affirming the order of eviction of the petitioners/tenants from the demised premises which consists of a shop belonging to the respondent/landlord passed by the learned Rent Controller (I), Sirmaur District at Nahan.

2. The eviction petition under Section 14 of the Act was instituted by the landlord/respondent through its Secretary on the grounds (a) that the tenant is in arrears of rent and (b) that he has ceased to occupy the suit premises continuously for a period of 12 months prior to the institution of the petition without any reasonable cause. These averments were denied. The parties went to evidence on three settled issues which included determination of the arrears of rent, question as to whether the tenant had ceased to occupy the premises and particularly on the maintainability of the petition.

3. On the issue of arrears of rent, PW1 Shri Darshan Lal proved on record payment of rent upto 31.3.2002.





















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