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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Usha Chaudhary – Appellant
Versus
Raj Prakash – Respondent
| Table of Content |
|---|
| 1. eviction petition for unauthorized subletting and rent arrears. (Para 1 , 2 , 3) |
| 2. tenants deny subletting, assert partnership due to ill-health. (Para 4 , 5) |
| 3. lower courts hold partnership deed camouflages subletting. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. tenants concede eviction by handing over possession. (Para 12 , 13 , 14 , 15) |
| 5. impleaded sub-tenant entitled to independent revision challenge. (Para 16 , 17 , 18 , 19) |
| 6. revisional jurisdiction excludes evidence re-appreciation absent perversity. (Para 20 , 21 , 22) |
| 7. no perversity in sham partnership and arrears findings. (Para 23 , 24 , 25) |
| 8. revision dismissed upholding eviction order. (Para 26 , 27 , 28) |
JUDGMENT :
Satyen Vaidya, J.
This Revision Petition has been filed under Section 25 (5) of the Himachal Pradesh Urban Rent Control Act, 1987 (for short the Act), to assail the judgment dated 17.8.2024, passed by learned Appellate Authority-II, Shimla in Rent Appeal No.09-S/13 of 2021, whereby the order of eviction passed by the learned Rent Controller, on 13.3.2024 in Rent Petition No.213-2 of 2021 has been affirmed.
2. The respondent herein (hereinafter referred to as the landlord) filed a petition under Section
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