MADAN MOHAN Vs. KRISHAN KUMAR SOOD

JUDGEMENT

(1.) Special leave granted.

(2.) With the consent of learned counsel for the parties, the appeal itself was heard.

(3.) The respondent is a tenant at the rate of Rs. 183.33 per month in the premises in dispute i.e. shop No. 50, The Mall, Shimla. On 7th March, 1983, late Smt. Dhani Devi, predecessor-in-interest of appellant No. 2 and Shri Madan Mohan, appellant No. 1, filed an application for eviction of the respondent on various grounds. One of the grounds on which the eviction was claimed was non-payment of rent. It was stated in eviction petition that the respondent was in arrears of rent with effect from 1-3-1980 to 28-2-1983. The Rent Controller on 29-7-1986 passed an order of eviction on the ground of non-payment of arrears of rent. The operartive part of the said order is as under :