VIVEK SINGH THAKUR
Shah Mohammad – Appellant
Versus
Puran Chand Dogra – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Petitioner-tenant has filed this Civil Revision under Section 24(5) of Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as ‘Rent Act’) against the judgment dated 28.8.2021, passed by the Appellate Authority-II, Shimla H.P., in Rent Appeal No.23-S/13(B) of 2018, titled as Shan Mohammad vs. Puran Chand Dogra, whereby order dated 6.7.2018, passed by the Rent Controller (2), Shimla, H.P., in Rent Petition No.33-2 of 2015/2013, titled as Puran Chand vs. Shan Mohammad, has been affirmed.
2. For convenience petitioner and respondents shall be referred hereinafter according to their status in the Rent Petition, i.e. Tenant and Landlords respectively.
3. Apart from hearing, I have also gone through record.
4. Learned counsel for tenant has submitted that there was suppression of facts at the instance of Landlord, and for filing of earlier Rent Petition, which was dismissed, he was not entitled to maintain fresh Rent Petition being barred by res-judicata, and further that under Section 14(3)(iv) of Rent Act, there is no provision for evicting the tenant for acquisition of other accommodation by Tenant and therefore, plea taken by Landlord, t
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