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2021 Supreme(HP) 533

VIVEK SINGH THAKUR
Jai Dev Singh, S/o. Late Sh. Dharam Singh – Appellant
Versus
Tahir Khan, S/o. Sh. Mohd. Khan – Respondent


Advocates Appeared:
For the Petitioner: Sh. Karan Singh Kanwar.
For the Respondent: Sh. Owais Khan.

JUDGMENT :

Instant Revision Petition, under Section 24(5) of H.P. Urban Rent Control Act (herein after referred to the “Act”) has been preferred against the order dated 24.12.2019, passed by learned District Judge, Sirmaur, exercising the powers of Appellate Authority under the Act (herein after referred to be the “Appellate Authority”) in Rent Appeal No. 6-RA/14 of 2019, titled as Jai Dev Singh Vs. Tahir Khan, whereby order of eviction dated 25.6.2019 passed in Rent Petition No. 08/2 of 2013, titled as Tahir Khan Vs. Jai Dev Singh passed by Rent Contrller-2, Nahan, District Sirmaur, H.P., has been upheld.

2. Petitioner herein is tenant and respondent is landlord and hereinafter they have been referred as tenant and landlord respectively.

3. I have heard learned counsel for the parties and have also gone through the records.

4. It is admitted fact that Mohd. Khan, father of Tahir Khan (landlord) had rented out two shops to tenant. Mohd. Khan was having six children, i.e. two sons and four daughters. After death of Mohd. Khan interest in the property devolved upon his six children. Landlrod herein is one of them. It is also admitted fact that not only landlord Tahir Khan, but his brothe

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