ROSHAN LAL BHARDWAJ Vs. ASHOK SUD

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 27.7.2013 rendered by the learned Rent Controller, Court No.1, Shimla in Case No. 17 10 of 2011.

(2.) "Key facts" necessary for the adjudication of this petition are that the respondents/landlords/decree holders (hereinafter referred to as the "decree holders" for the sake of convenience) filed a eviction petition against the petitioner/tenant/judgment debtor (hereinafter referred to as the "judgment debtor" for the sake of convenience) under Section 14 of the H.P. Urban Rent Control Act 1987 bearing Case No. 47/2 of 2010/08. Learned Rent Controller I, Shimla ordered eviction of the judgment debtor vide order dated 30.6.2011 on the ground that the premises were required bonafide for rebuilding and reconstruction by the decree holders. On . 11.7.2011, decree holders filed execution petition for enforcement of the order dated 30.6.2011. Judgment debtor filed objections on 12.1.2012. Judgment debtor also filed an appeal before learned Appellate Authority, FTC, Shimla bearing case of No.40 S/14 of 2011. Learned Appellate Authority passed following order on 3.7.2012:

(3.) MR . C.N. Singh, Advocate, has vehemently argued that since the appeal is pending before the learned Appellate Authority against eviction order dated 30.6.2011, execution petition could not be disposed of. He has also argued that the eviction order was conditional. He then contended that sanction granted in favour of the decree holder did not pertain to building in question.