ASHOK SUD Vs. ROSHAN LAL BHARDWAJ

JUDGEMENT

(1.) This petition has been filed by plaintiffs/petitioners assailing the order dtd. 2/8/2019, passed by the learned Civil Judge Court No. 3, Shimla in case No. 172­1 of 18/15, titled Ashok Sood and another versus Roshan lal Bhardwaj whereby their objection to the admissibility of the affidavit of the defendant Roshan lal Bhardwaj, has been rejected.

(2.) The facts of the case, as emerging from the pleadings, are that the defendant/respondent was a tenant of the plaintiffs/petitioners in the first floor of Irwin Lodge and its Annexe as well as one room in the ground floor thereof. The plaintiffs/petitioners succeeded in obtaining eviction order against him in Rent petition No. 47/2 of 2010/08 from the Rent Controller No. 1 on 30/6/2011. The defendant/tenant challenged the aforesaid order in Rent Appeal No. 40­S/14 of 2011 in which an interim order was passed on 3/7/2013 whereby operation of the eviction order was stayed subject to the respondent paying use and occupation charges @ Rs.6000.00­ per mensem. Since the defendant/respondent did not comply with the aforementioned order, the plaintiffs/ petitioners filed Execution Petition No. 17­10 of 2011 before the Rent Controller No. 1 Shimla, who issued the warrant of possession qua the tenanted premises in their favour and against the defendant/respondent. The Executing Court passed an order dtd. 27/7/2013 against the defendant/respondent dismissing his objection ordering issuance of warrant of possession. The defendant/respondent filed a Civil Revision Petition No. 4034 of 2013 against the aforesaid order dtd. 27/7/2013 before this Court, which was dismissed vide order dtd. 4/10/2013. The defendant /respondent unsuccessfully challenged the aforesaid order before the Supreme Court in SLP (C) No. 36864 of 2013 which, too, was dismissed in limine vide order dtd. 13/1/2014. While dismissing the SLP, the Supreme Court directed the defendant/tenant to deposit arrears in the account of the petitioners within two months from the date of passing the order. It was in this background that the plaintiffs filed the suit for recovery of the amount of arrears and interest due from the respondent. The issues in the suit were framed on 13/10/2015. Thereafter the plaintiffs/petitioners led evidence in that case. After recording the evidence of the plaintiffs, the matter was fixed for the evidence of the defendant/respondent on 1/6/2017 onwards. The defendant/respondent examined one Shri Uma Shankar who produced the record pertaining to the petitions filed before this Court.

(3.) I have heard the learned counsel for the parties and have gone through the entire material on record.