KAVITA ARORA Vs. AMIT ARORA

JUDGEMENT

(1.) THIS is a petition filed by the Petitioner under Article 227 of the Constitution of India, for setting aside the order dated 18.10.2010 passed by the learned Rent controller (5), Shimla, in case titled as Amit Arora V. Vijay Mehra.

(2.) A notice of the petition was issued to the Respondents.

(3.) BRIEFLY stated, the facts of the case are that Respondent No. 4 is the tenant and Respondents No. 1 to 3 are the owners of the rented premises. The eviction order was passed by the learned Controller which was affirmed upto this Court. This Court had stayed the execution of the order upto 30.9.2010 on the undertaking furnished by the tenant and subject to the condition that he shall deposit all the arrears of use and occupation and also to pay regular use and occupation charges on or before 10th of every month. The Decree Holders filed the execution petition alleging that the J.D. has committed default in payment of the use and occupation charges in violation of the conditions imposed by this Court and has thus rendered himself liable for eviction.