ROSHAN LAL CHAUHAN Vs. ROSHAN LAL POKTA

JUDGEMENT

(1.) Applicant Roshan Lal Chauhan is a tenant in the ground floor of 'Overvale Cottage', Shimla, since the year 1980. The premises were later purchased by the respondent-landlord, Roshan Lal Pokta in April 1982. The landlord made an applica-tion on 5/05/1984, under Section 14 of the Himachal Pradesh Urban Rent Control Act (briefly, "the Act") seeking ejectment of the tenant on the basis of personal need. The petition was allowed by the Rent Controller on 28/06/1986. The tenant filed an appeal against this order in which a caveat petition was filed by the landlord under Section 148-A CPC.

(2.) The matter was taken up before the Appellate Authority on 12/06/1987. A statement was made by the tenant on that date, inter alia, saying that he had entered into a compromise with the landlord that the order of eviction shall not be executed by the landlord till 31/03/1989, and that he (tenant) undertook to deliver vacant posses-sion of the premises on or before 31/03/1989. It was also stated by the tenant that he conceded that the premises were bona fide required by the landlord for his own use and occupation. Further, that in case he violated the undertaking given by him to deliver vacant possession to the landlord on or before 31/03/1989, he would be liable for contempt of Court. The landlord also made a statement saying that he had no objection if the tenant was given time up to 31/03/1989, to vacate the premises provided the undertaking given by the tenant, as men-tioned in his statement, was accepted by the Court.

(3.) The Appellate Authority passed an order on 12/06/1987 itself wherein the essential facts were noticed and it was said that :