MOTI LAL Vs. SHANKAR KUMAR

JUDGEMENT

(1.) Petitioners have approached this Court invoking the revisional jurisdiction under Sec. 24(5) of H.P. Urban Rent Control Act, 1987 (in short "the Act"), against order dtd. 24/10/2018 passed in Rent Appeal No. 1-D/XIV/2018 titled Moti Lal and others vs. Shankar Kumar by learned Appellate Authority-II, Kangra at Dharamshala whereby order dtd. 5/7/2018 passed in Rent Case No. 3 of 2007 titled Shankar Kumar vs. Moti Lal and others by the Rent Controller-cum-Civil Judge, Court No. II, Kangra, District Kangra evicting the petitioners has been affirmed.

(2.) Petitioners have been ordered to be evicted from demised premises for arrears of rent w.e.f. 1/7/1987 till passing of order as well as on the ground that demised premises are required by petitioners bonafide for the purpose of rebuilding the same, which cannot be carried out without eviction of petitioners therefrom, with further observations that if petitioners would pay the arrears of rent calculated in the order within a period of 30 days from passing of order, they shall not be liable to be evicted from demised premises on the ground of non-payment of arrears of rent.

(3.) Learned counsel for petitioners has submitted that petitioners have deposited the arrears of rent, calculated by Rent Controller, within a period of 30 days as ordered by the Rent Controller and therefore, said ground for eviction does not survive.