IN THE COURT OF RENT CONTROLLER AMB, TEH. AMB, DISTT.

UNA (H.P)

Mohinder Kumar aged 67 years son of Sh. Lalman Sood resident of

village Amb Tehsil Amb Distt Una H.P M 7018259736
email: - raghav9000@gmail.com
…Petitioner
Versus

Manohar Lal alias Pumma son of Amar Chand caste Kabirpanthi resident of
village Amb Tehsil Amb Distt Una H.P M 8219134967

…Respondent

Petition for eviction of the respondent U/s.14

(2) (i) (iii) (iv) 14 (3) (i) of HP. Urban Rent Con -
trol Act.

Sir,
The petitioner respectfully submits as under: -

1. Municipal Number of the KHASRA NO. 1714

premises and name if any

2. Street and municipal ward or Ward no. - 6

division in which the premises
is situated.
Mohinder Kumar aged 67 years
3.(a) Name and address of the son of Sh. Lalman Sood resident of
landlord village Amb Tehsil Amb Distt Una
H.P.
3.(b) Name and address of the Manohar Lal alias Pumma son of
tenant Amar Chand caste Kabirpanthi
resident of village Amb Tehsil
Amb Distt Una H.P

4. Whether the premises are The premises are non-residential

residential or non residential

5. In case the residential The respondent is carrying the

premises the number of business of fruit and vegetable
persons occupying the same shop.
and in case of non residential
premises the purpose of which
they used and the no. of
employees if any working
there in.

6. Whether any furniture is The respondent/tenant has been

supplied by the landlord for provided with plyboard and fixtures,
the use in premises
fittings etc

7. Details of fitting if any The Petitioner has provided electricity

provided by the landlord connection.

8. Details of accommodation The shop premises at ground floor

available together with the
particulars as regard to ground
area, garden and out houses if
any(plan to be attached)
denoted by letters as shown in
ABCDEF shown red in colour in
the site plan colour in the site plan
of the petitioner existing over part
of land measuring 00-02-10 hects
comprised of khewat no 640 Min,
khatoni no. 837 min khasra no.
1714/1 situated in Adarsh Nagar
Tehsil Amb District Una HP

9. Whether the premises is by the respondent only

occupied by single tenant or
more than one
10. Amenities available in regard Electricity fitting
to light, water, sanitary and
like

11. Monthly rent excluding the Monthly rent of Rs. 10,000/-

house tax, electricity charges
paid by the tenant

12(a) Date of completion of The shops were constructed in the year

construction of the premises and 1979-1980
the cost thereof.

12(b) Whether completion report was Not applicable as the Village Amb has
obtained from local authorities been declared Notified area committee
and the date there of in the year 2020 and the building in
question is in existence since 1979-
1980

13. Ratable value as entered in the Not Known

last property assessment book of
the Municipal
Committee/Municipal
Corporation/Notified Area
Committee as the case may be
on 27-12-2014 the premises were
14. Date on which the premises was rented out to the tenant/respondent for
let out to the tenant and details of a period of 11 months. (The notarized
the agreement if any, with the agreement dated 27TH December 2014
landlord (Copy of the agreement is attached herewith)
to be attached).
15 Whether the rent of the premises
has been fixed under the East Not Applicable
Punjab Urban Rent Restriction
Act, 1939(3) of 1949 as amended
from time to time as in force in
the area comprised in Himachal
Pradesh immediately before 1st.
November, 1966 (No.2 of 1949)
as amended from time to time in
its application to the area added
to Himcahal Pradesh under
Restriction Control Act, 1971
 (Act No. 23 of 1971) and if so
the amount of such rent and the
date from which it took place
16. Whether there are any Sub Not Applicable
tenants and if so, the date of
such sub letting whether with
or without the written consent
of land lord and rent charged
from sub tenant.
17. Whether any addition have
been made since the rent fixed
as stated under item no. 15 and
if so the date of which such
addition or alteration and
whether they were carried out
the approval of the tenant or
the controller
18. The grounds on which the
eviction of the tenant is sought
The respondent has carried out
unauthorized constriction by installing
iron teens in the shape of shed without
any consent and permission of the
landlord denoted by letters EFGH
shown yellow in colour in the site plan
attached which is an illegal act.
1. That petitioner is owner of
multistorey building including
front facing shops existing over
Khasra no. 1714/1 at the
commercial hub opposite bus
stand Amb town.
2. That respondent was desirous to
take on rent one shop of petitioner
for running the fruit and vegetable
shop along and approached
petitioner for the same.
3. That upon the negotiation of
petitioner agreed to rent
respondent one shop on the
monthly rent of Rs. 10,000/- per
 month. The parties have also
reduced the terms and conditions
of the tenancy into writing by got
scribing, executing and notarizing
the agreement of rent dated 27-
12- 2014. The tenancy was
commenced w.e.f. 27-12-2014
initially of 11 months along with
the monthly rate of rent 10,000/-
which shall be payable in advance
on or before expiry of 5th day of
each calendar month. Petitioner
has rented the shop premises
denoted by letters ABCDEF
which is having plyboard and
fixtures and fittings etc.

4. That it has been further recited

that in case the tenant fails to pay
the rent continuously for a period
of two month the tenancy shall be
treated as cancelled and
terminated.

5. That it has been further recited in

the agreement of tenancy that any
alteration cane be done with the
written consent of the land lord.
But respondent taking the
advantage of absence of petitioner
when he went to Bodhgaya Bihar
for the after death sacramental
rights of his beloved son of
Gaurav Sood and maternal
grandniece in the month of March
2021 then at his back respondent
 have caused substantial alteration
by installing iron teens in the
shape of shed denoted by letters
EFGH shown yellow in colour
in the site plan attached
without any consent or any
statutory approval thus, exposing
petitioner to face the violation of
laws and due to the unconsented
and unapproved alteration, the
facade of shop of petitioner
became obstructed, hindered and
invisible which is causing
substantial loss of petitioner .
photographs are attached herewith

6. That respondent has not paid the

rent to petitioner since August
2019 up till June 2021 and
respondent are in arrears of rent
of Rs. 2,30,000/- (Two Lakh
Thirty Thousand) and has caused
financial loss to petitioner. Apart
from claiming the aforesaid
amount petitioner is also entitled
to claim statuary interest @ 12%
P.M. on the unpaid rent w.e.f.
August 2019 to June 2021 till
entire realisation of the
outstanding amount during the
pendency of the petition.

7. That respondent under drunken

condition used to create ruckus
and used to hurl unparliamentary
words to petitioner which is also

18(b) Whether notice has been given
and if so particulars thereof
copies of such notice and the
tenant's reply, if any should be
furnished
causing substantial discomfort to
petitioner.
8. That further petitioner is doing
the business of photography and
Xerox etc intends to expand his
business by accommodating more
xerox machines and wedding
studio computer preipherials and
for the purpose of expansion of
his business petitioner bonafidely
requires tenanted shop premises
for his own use which is adjacent
to his existing shop, hence
respondent are liable to vacate the
shop premises. The petitioner
have all the reasonable sources of
income to expand the business
and to purchase the material
equipment etc which are required
for the expansion of the business.
The existing shop is not
accommodating the expansion
and is not enough cater the needs
of the petitioner. The petitioner in
the first week of July 2021 has
requested the respondent that too
vacate the shop premises but he
outrightly refused to do so.
Yes. The notice dated 5-7-2001 has
been given to the respondent and the
respondent has served a false evasive
reply wherein he has also denied the
relationship of landlord and tenant
 between him and the petitioner.

19 Any other relevant The has been recently notified as

information. notified area committee vide
notification number UD-A(1)2/2012 dated
27-10-2020

Prayer : -

It is therefore prayed that the petition may kindly be allowed

and the respondent/tenant may please be evicted from the shop premises on the

grounds mentioned in para no. 18 of the petition from the shop premises denoted

by letters A,B,C,D,E,F as shown in red colour existing over part of land

measuring 00-02-10 hects comprised of khewat no 640 Min, khatoni no.

837 min khasra no. 1714 situated in Adarsh Nagar Tehsil Amb District

Una HP and respondent may also be directed to pay arrears of rent at the

rate of Rs. 10000/- (ten thousand) amounting to Rs. Rs. 2,30,000/- (Two

Lakh Thirty Thousand) at the rate 12 % per annum further the petitioner also be

directed to pay outstanding rent till his eviction of the adjudication of the present

petition along with interest at the rate of 12% per annum in the interest of justice.

On the relief to which the present petition is found entitled in the facts and

circumstances of the case may also be passed to secure the ends of Justice.

Dated: - 27-7-2021
Petitioner
Verification: - Mohinder Kumar
Verified that the contents of para no. 1 to 19
including Sub Paras of our above petition
are true and correct to the best of my
knowledge and belief.

Dated: -27-7-2021
Petitioner
Mohinder
Kumar Through Counsel

Rajan Sood and Raghav Sood

Advocates