AJAY MOHAN GOEL
Ashwani Kumar Mahajan, son of late Shri Som Dutt – Appellant
Versus
Rajiv Mahajan, Son Of Late Shri Som Dutt – Respondent
JUDGMENT :
By way of this petition, filed under Article 227 of the Constitution of India, the petitioner/tenant assails order dated 06.02.2020, passed by learned Rent Controller-I, Nurpur, District Kangra, H.P. in CMA No.72 of 2020, titled as Rajiv Mahajan Versus Ashwani Kumar, filed in a Rent Petition No.02 of 2016, vide which an application moved under Order 8, Rule 1-A (3) of the Code of Civil Procedure by the present petitioner, stood dismissed by the learned Rent Controller.
2. I have heard learned counsel for the parties and have gone through the documents appended with the petition including the impugned order.
3. Record demonstrates that the respondent/ landlord has filed an application for eviction of the petitioner/tenant, under Section 14 of the H.P. Urban Rent Control Act, 1987, inter alia, on the grounds of cease to occupy and also causing material impairment to the value of utility of the Bills. The eviction petition was filed in the year 2016.
4. After recording of the evidence of the landlord, despite numerous opportunities being availed by the tenant to conclude his evidence, the same was not done, which lead to the learned Court below to pass an order of closing the e
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