R R SHARMA Vs. GOPLA AND ORS

JUDGEMENT

(1.) This petition is directed against the order dated 2.9.2013 passed by learned Rent Controller, Shimla in case No. 41-10 of 2011.

(2.) "Key facts" necessary for the adjudication of this petition are that the predecessor-in-interest of respondents No. 1 to 4 (hereinafter referred to as the "decree holders" for the sake of convenience) filed eviction petition against the petitioner (hereinafter referred to as to the "judgment debtor"). The eviction petition was allowed by the learned Rent Controller. The judgment debtor preferred an appeal against the order passed by the learned Rent Controller before the learned Appellate Authority. The learned Appellate Authority dismissed the same. The judgment debtor filed Civil Revision bearing C.R. No. 64 of 2011 against the judgment passed by the learned Appellate Authority. The revision petition was decided by this Court on 26.4.2012. This Court affirmed the order passed by the learned Appellate Authority, subject to following condition:-

(3.) Mr. Dinesh Kumar, Advocate, has vehemently argued that the learned Rent Controller could not go beyond the judgment passed by this Court in Civil Revision No. 64 of 2011. He then contended that Karam Chand, one of the landlords, has died on 5.8.2013. Thus, proceedings could not be continued.