ORDER :

1. Petitioner has approached this Court against order dated 25.3.2022, passed by the Appellate Authority-II, Shimla in Appeal No.2-S/13(b) of 2021, whereby order dated 7.8.2020, passed by Rent Controller-III, Shimla in an application preferred in Rent Petition No. 170-A of 2019/17 has been affirmed.

2. Parties herein shall be referred, for convenience, as per their status before the Rent Controller i.e. as ‘landlord’ and ‘tenant’ respectively.

3. Landlord has filed main petition for eviction of tenant from the shop premises rented to the tenant, on the basis of bonafide requirement of landlord for setting up a business by his wife in the said shop premises being most suitable shop for that.

4. In reply to rent petition, preliminary objection has been taken that landlord has also let out a shop in the same building to a new tenant within five years of filing of petition and landlord has received vacant possession of substantial area on first floor of building after its vacation by a tenant and handed over possession thereof to another party, i.e. to an existing tenant, to allow him to have a larger area under tenancy and entire second floor of building in question is lying va