Himachal Pradesh High Court Upholds Eviction of Tenant from Public Premises
Court rules against unproven partnership tenancy claim under H.P. Public Premises Act
In a significant ruling, the Himachal Pradesh High Court has dismissed the petition challenging the eviction of a tenant from public premises in Shimla, upholding the orders of lower authorities under the Himachal Pradesh Public Premises (Land Eviction and Rent Recovery) Act, 1971. The case involved eviction proceedings against Keshav Ram Khurana, proprietor of M/s Himachal Iron Store, Parwanoo, initiated by the Khadeen Cooperative Society.
The petitioners, legal representatives of the late Keshav Ram Khurana, contended that the tenancy was held by a partnership firm rather than an individual, which was not supported by evidence. The court, presided over by Justice Ajay Mohan Goel, emphasized that the onus was on the tenants to substantiate their claim that the tenancy was with the partnership firm. However, the petitioners failed to produce any credible evidence or registered partnership deed to support their claim.
The original eviction order was based on the non-payment of rent and the society's need for the premises for its activities. Lower authorities had found that the tenancy was with Keshav Ram Khurana individually, as the partnership deed presented was unregistered and lacked authenticity. Furthermore, the court highlighted that the petitioners did not demonstrate any procedural irregularity or denial of due opportunity in the eviction proceedings, which were conducted in accordance with the Act.
The ruling reinforces the principle that factual findings by authorities under the H.P. Public Premises Act are not to be interfered with unless there is clear evidence of perversity or procedural irregularity. The court's decision underscores the importance of providing substantial proof when claiming a change in tenancy status, particularly in cases involving public premises.
Bottom Line:
Eviction proceedings under the H.P. Public Premises (Land Eviction and Rent Recovery) Act, 1971 - Tenancy with an individual vs. partnership firm - Onus on tenants to prove tenancy was with the partnership firm when evidence was lacking.
Statutory provision(s): Himachal Pradesh Public Premises (Land Eviction and Rent Recovery) Act, 1971, Transfer of Property Act, 1882 (specifically Section 106).
Sudershan v. Divisional Commissioner, Shimla, (Himachal Pradesh) : Law Finder Doc Id # 2790870
