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2019 Supreme(HP) 1776

SURESHWAR THAKUR
Pradhan Tejta, through his LR Smt. Rita Tejta – Appellant
Versus
Suresh Vishindas Wadhwa – Respondent


Advocates Appeared:
For the Petitioner: Mr. Naresh Sharma.
For the Respondents:Mr. Ajay Kumar, Sr. Advocate with Ms. Rohini Karol.

JUDGMENT :

Sureshwar Thakur, J.

Caveat No. 112 of 2019

Disposed of.

CMPMO No. 158 of 2019

The instant petition is directed against the dis-affirmative findings recorded by the learned Rent Controller, Shimla, upon, an application cast under the provisions of Order 6 Rule 17 readwith Section 151 of Code of Civil Procedure, wherethrough leave to add hence the preliminary objection No.5, was strived, to be, therefrom obtained by the petitioner herein.

2. The petitioner herein is, respondent No.1 (a) in Rent Petition No. 89-2 of 2011, and, her eviction from the demised premises is strived, on, anvil of her subletting the afore premises to respondent No.1, one Shri Ajit Singh (a) without an explicit written consent of the landlord, and (b) on anvil, of, non-payment of arrears of rent.

3. The learned counsel for respondent No.1, states at bar that, upon, the afore initial strived ground of eviction, of petitioner, from the demised premises, an apposite issue has been struck, (i) and, he further submits that both the contesting litigants have adduced their respective evidence thereon, (ii) besides, he also submits that the counsel for the petitioner herein has availed the fullest opportunities,

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