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2017 Supreme(HP) 224

TARLOK SINGH CHAUHAN
Champeshwar Lall Sood – Appellant
Versus
Gurpartap Singh – Respondent


Advocates Appeared:
For the Petitioners:Mr. R.L. Sood, Senior Advocate, with Mr. Arjun Lall & Mr. Sanjeev Kumar, Advocates in CR No. 212 of 2016.
Mr. Kashmir Singh Thakur and Harjeet Singh, Advocates in CR No. 12 of 2017.
For the Respondents:Mr. Kashmir Singh Thakur and Harjeet Singh, Advocates, for respondents No. 1 and 7 in CR No. 212 of 2016.
Mr. R.L. Sood, Senior Advocate, with Mr. Arjun Lall & Mr. Sanjeev Kumar, Advocates for respondents No. 1 and 2 in CR No. 12 of 2017.

JUDGMENT :

Tarlok Singh Chauhan, J.

Since both these review petitions are directed against the same order passed by the learned appellate authority on 2.11.2016, they were taken up together for hearing and are being disposed of by way of a common judgment.

2. The parties for the sake of convenience and for no other purpose, lest it causes any prejudice to either of the parties, shall be referred to as the landlords and tenants.

3. The landlords are the owners of Shop No. 14, Middle Bazaar, Shimla, measuring 313 sq. ft. (hereinafter referred to as the premises in question) as also one floor above the same bearing Municipal No. 14/1, Middle Bazaar, Shimla. They in the year 2004, filed an eviction petition against the tenants on the ground that the tenants had sublet the premises in question to respondent No. 7 Shri Kanwar Ali without the written permission or consent of the landlords. This petition was allowed by the learned Rent Controller vide order dated 26.8.2016 passed in eviction petition No. 19-2 of 15/04.

4. The order of eviction was assailed by the tenant/respondent No. 1 by filing an appeal before the appellate authority and the same was registered as Rent Petition No. 14-S/13(b























































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