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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR
Vineet – Appellant
Versus
Vishal Sohal – Respondent
| Table of Content |
|---|
| 1. consolidated revisions for eviction on bona fide need. (Para 1 , 2 , 3) |
| 2. landlord unemployed, needs premises for business livelihood. (Para 4 , 5 , 6) |
| 3. tenant vishal's established medical store; counterclaims landlord's shop. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. tenant dinesh long-term; landlord has other income sources. (Para 13 , 14 , 15 , 16 , 17) |
| 5. lower courts dismissed: non-residential bar, no bona fide need. (Para 18 , 19 , 20 , 21) |
| 6. pre-amendment petitions maintainable post-2012 via sc precedents. (Para 22 , 23 , 24) |
| 7. rented shop doesn't negate bona fide need for better location. (Para 25 , 26 , 27 , 28) |
| 8. landlord best judge of need and premises suitability. (Para 29 , 30 , 31) |
| 9. evictions allowed; vacate by 31.12.2025 or pay charges. (Para 32 , 33 , 34) |
JUDGMENT :
VIVEK SINGH THAKUR, J.
1. These Revision Petitions, arising out of two different eviction proceedings initiated by the landlord but dismissed by the Rent Controller as well as Appellate Authority on same grounds, are being decided together by this judgment for involvement of common question of law and facts based on similar evidence led in both matters.
2. Parties, herein-after for convenience,
Pre-amendment eviction petitions from non-residential premises maintainable retrospectively due to Supreme Court on Article 14 violation. Landlord's bonafide need for prime own shops upheld despite r....
Landlord's bona fide need for property doesn’t require dire necessity; tenant's livelihood claims must prove attempts for alternative accommodations.
Point of law: She has specifically come forward with a case that she is presently running a clinic in a rented premises, however, no documents whatsoever has been produced to prove the said contentio....
The landlord's bonafide need for the tenanted premises, the landlord's subjective choice in selecting suitable accommodation, and the limited scope of the court's revisional jurisdiction were the cen....
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