PADMA DEVI Vs. KARAM CHAND

JUDGEMENT

(1.) THE petitioners have suffered ejectment vide order dated 12.1.2009 passed by learned Rent Controller, Shimla in Rent Application No.82/2 of 1999. They had filed appeal against order dated 12.1.2009. In the appeal they had filed an application for stay of execution of order dated 12.1.2009.

(2.) THE respondents/landlords had opposed the stay of the execution of the ejectment order and submitted that in case the operation of the ejectment is to be stayed, the petitioners be put to terms. The learned Appellate Authority (II), Shimla in CMA No.58 -S/6 of 2009 in main Case No.10 -S/13(b) of 2009 vide order dated 31.12.2009 has stayed the ejectment order dated 12.1.2009 on the grounds that petitioners shall deposit rent due in the Court within one month and shall further continue to deposit the contractual rent every month. In addition, they shall deposit a sum of Rs.10,000/ - per month w.e.f. 1.2.2009 as user and occupation charges. The user and occupation charges upto 31.12.2009 shall be paid on or before 28.2.2009 and the user and occupation charges becoming due after 1.1.2010 shall be deposited regularly in the Court. The landlords shall not be entitled to withdraw these users and occupation charges from the Court and they shall be entitled to withdraw the same only if the appeal of the tenants fails and the landlords succeed. This order dated 31.12 2009 has been assailed by petitioners under Article 227 of the Constitution of India on the ground that impugned order is wrong, illegal and contrary to law. The order is based upon surmises and conjectures. It has been submitted that the income from the shop is Rs.8,000/ - and it is not possible for the petitioners to deposit Rs.10,000/ - per month. The rent of the premises is amounting of Rs.34/ - per month.

(3.) THE learned Appellate Authority in the impugned order has observed that the rent of the building in question is nominal i.e. Rs.34/ - per month. The building is old but keeping in view of the locality in which the building is situated it is difficult to get such building on rent even at the rate of Rs.25,000/ - per month. It has been observed that the valuation report filed by respondents on the record shows that present market value of the building in question is more than Rs.49,000/ - per month.