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2023 Supreme(HP) 110

VIVEK SINGH THAKUR
Brahmin Sabha – Appellant
Versus
Beant Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R.K. Sharma, Arun Kumar.
For the Respondents: G.C. Gupta, Meera Devi.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Landlord-petitioner (hereinafter referred to as ‘Landlord’) has approached this Court by filing this Revision Petition, assailing the order/judgment dated 27.2.2020, passed by Appellate Authority-II, Shimla, in Rent Appeal No. 38-S/13(b) of 2013, titled as M/s Beant Singh @ Sons vs. Brahmin Sabha, whereby order dated 28.3.2013, passed by Rent Controller, Court No. 5, Shimla, in Case No. 4-2 of 2006, titled as Brahmin Sabha vs. M/s Beant Singh and Sons, directing eviction of tenant-respondent (hereinafter referred to as ‘Tenant’) has been set aside and the case has been remanded back to the Rent Controller with direction to frame fresh issue on the grounds taken by the landlord in the pleadings and to decide the matter afresh, after giving opportunity to the parties to lead evidence and after hearing them.

2. I have heard learned counsel for the parties and have also gone through the record.

3. It has been submitted on behalf of the landlord that the Appellate Authority has committed a material illegality, irregularity and perversity in deciding the appeal, whereby it has returned finding that landlord had taken two self-contradictory pleas for evict

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