SHAKUNTLA DEVI Vs. SATPAL SHARMA

JUDGEMENT

(1.) By way of instant Civil Revision petition filed under Section 115 of the Code of Civil Procedure, petitioner-judgment debtor (hereinafter, 'JD") has laid challenge to order dated 06.11.2020, passed by learned Rent Controller, Shimla, District Shimla, H.P. whereby, objections filed by Judgment Debtor under Section 47 read with Section 151 of CPC, have been dismissed (Annexure P-8).

(2.) Precisely, the challenge to aforesaid order passed by executing Court below is on two grounds:-

(3.) Besides above, learned Senior Counsel representing the J.D., argued that Executing Court in execution proceedings could not have recorded finding that execution petition is maintainable solely on the ground that building in which the premises is housed, has been found unsafe and unfit for human habitation, especially, when eviction was also sought on the ground of rebuilding and reconstruction. Having taken note of the controversy inter se parties, this Court with a view to cut-short the controversy, passed following order on 5th January, 2021, which reads as under: