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RAJIV SHARMA
Shanta Kapila – Appellant
Versus
Sharda – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Suneet Goel, Advocate.
For the Respondents:Mr. Sunil Goel, Advocate.

JUDGMENT

Rajiv Sharma, J.—This revision petition is directed against the judgment dated 16.6.2009 passed by Appellate Authority, Fast Track Court, Shimla in Rent Appeal No.6S/14 of 2008.

2. Material facts necessary for the adjudication of this petition are that the petitioner/landlady (hereinafter referred to ‘landlady’ for convenience sake) filed a petition against the original tenant/predecessor-in-interest of the respondents (hereinafter referred to as ‘respondent’ for convenience sake) on the following grounds:

(i) The respondent is in arrears of rent from 1.12.2001 till the date of filing of the petition. The respondent is also liable to pay interest @ 9% per annum.

(ii) That after the commencement of the act the respondent, without consent, written or otherwise, of the petitioner has sub-let or in any other manner transferred his rights under the lease in favour of one Shri Banti who is son of the respondent. It is worthwhile to submit here that the respondent has left the business premises and the said sub-tenant is in exclusive possession of the premises. It is further submitted that the premises which were let out to the tenant for running a Tailor Shop are being used b





















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