Authority: High Court of Himachal Pradesh, Shimla

Order Date: 17 July 2026

Case Overview

  • Parties: H.P. State Co-operative Bank Limited (Petitioner) vs. Mandi Urban Co-operative Bank Limited (Respondent).
  • Nature of Proceeding: Petition under Sections 4 & 5 read with Sections 7 & 8 of the Himachal Pradesh Public Premises and Land (Eviction & Rent Recovery) Act, 1971 seeking eviction of the respondent from premises.
  • Background: The land (Khasra No. 177, 491.64 sq m, Mohal Suhra, Tehsil Mandi) is owned 96.25% by the petitioner and 3.75% (125/16388 shares, 3.75 sq m) by the respondent. The respondent was originally a tenant of the previous owner (Mandi District Co‑operative M&C Federation Ltd.) and continued paying rent after the petitioner acquired its share.
  • Earlier Orders: Collector, Sub‑Division, Sadar, District Mandi dismissed the eviction petition on 08‑12‑2023, holding both parties are co‑sharers. The Divisional Commissioner affirmed this dismissal on 16‑12‑2025.
  • Court Reasoning: The Court observed that because the respondent holds a co‑ownership share, the property is in joint possession with no partition. Even if rent is paid, it relates only to the petitioner’s 96.25% share. As co‑sharers, neither party can claim exclusive possession; therefore, eviction cannot be granted. The Court directed the petitioner to pursue other appropriate legal remedies.

Final Outcome

  • The petition filed by H.P. State Co‑operative Bank Limited is dismissed.
  • The earlier orders of the Collector and Divisional Commissioner are upheld.
  • All pending miscellaneous applications, if any, are also disposed of.

Topics: Eviction, Co‑ownership, Banking