H.S.GOOLERY Vs. ASHOK KUMAR SONI

JUDGEMENT

(1.) The present revision petition has been directed against the order dated 14.8.2000 of the learned Rent Controller passed in Execution proceedings allowing the objections of the respondent and dismissing the execution petition preferred by the petitioners for the enforcement of the ejectment order dated 18.3.1982 passed in Rent Case No. 172/2 of 1976.

(2.) The petitioners are the landlords while the respondent is the tenant. The landlords filed a petition under Section 14 of the H.P. Urban Rent Control Act, 1971, being Rent Case No. 172/2 of 1976 for the ejectment of the tenant on 5.8.1974 before the learned Rent Controller (2), Shimla on the following two grounds: - (i) non -payment of rent for the period 1.3.1973 to 315.1974; and (ii) the tenant has committed such acts so as to materially impairing the value or utility of the tenanted premises.

(3.) The learned Rent Controller on 18.3.1982 allowed the petition and ordered the ejectment of the tenant from the tenanted premises on both the grounds. The tenant was found to be in arrears of rent for the period as claimed by the landlords. The tenant was also held to have committed such acts so as to impair materially the value and utility of the building.