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2015 Supreme(HP) 740

SURESHWAR THAKUR
Bharat Sanchar Nigam Ltd. – Appellant
Versus
Vinod Lakhanpal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr.Ashok Sharma, Sr.Advocate with Mr.Angrez Kapoor, Advocate.
For the Respondent:Mr.Bhupinder Gupta, with Ms.Charu Gupta, Advocate.

Judgment :

Sureshwar Thakur, Judge:

The instant revision petition has arisen against the impugned order rendered by the learned Rent Controller (1) Shimla in case No.7-10 of 2013 on 11.9.2014 whereby it dismissed the objections instituted by the petitioner herein/judgment debtor/ tenant against the execution of the order of the Rent Controller (1), Shimla of 10.1.2013 which stood modified on 26.8.2013 by the learned Appellate Authority.

2. A perusal of the order of the learned Rent Controller modified in appeal by the Appellate Authority discloses that the findings on Issue No.(i) were rendered in favour of the landlord-respondent herein/decree holder. However, on issues No.(ii) & (iii), the learned Rent Controller recorded findings against the decree holder/respondent herein. The issues as well as the findings recorded thereon stand extracted hereinafter:-

(i) Whether the respondent is in arrears of rent w.e.f. 22.7.2008, as alleged? OPP

(ii) Whether the demised premises is bonafide required by the petitioner for raising building which cannot be carried out without the premises being vacated? OPP

(iii) Whether the petition has been filed with malafide intention, as alleged, if so it
















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