Guresh Kumar vs Khem Raj Sharma - 2023 Supreme(HP) 569

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 569

AJAY MOHAN GOEL
Guresh Kumar – Appellant
Versus
Khem Raj Sharma – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Balwant Kukreja, Advocate.
For the Respondents:Ms. Devyani Sharma, Senior Advocate, with Mr. Anirudh Sharma, Advocate.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition filed under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987, the petitioner has challenged order dated 16.06.2023, passed by the learned Rent Controller, Court No.II, Shimla, H.P., in terms whereof, the Rent Petition filed by the respondent herein for the vacation of the demised premises was allowed as well as against judgment dated 18.03.2023, passed by the Court of learned Appellate Authority, in terms whereof, the appeal filed by the petitioner against the order of eviction has been dismissed.

2. The eviction petition was filed by the respondent-landlord hereinafter referred to as the landlord on the ground that the premises in question was a shop and a godown beneath the shop being used for non-residential purpose which was in the occupation of the tenant and that the same was bonafidely required by the landlord for his personal use and occupation for running the business. The case of the landlord was that he was running a business of Kiryana (General Merchandise) in a rented shop at Totu. He wanted to expand his business in the said field and wanted to add other packed items to increase his business, for wh