KARAM CHAND Vs. JASBIR KAUR

JUDGEMENT

(1.) THIS petition is directed against the order dated 19.6.2012 passed by the court of learned Civil Judge (Senior Division) in case No. 9 -10/2010. "Key facts" necessary for the adjudication of this petition are that the petitioners -decree holders (hereinafter referred to as the "decree holders" for convenience sake) filed a Rent Petition 49/2 of 2002 against the predecessor -in -interest of the respondents judgment debtors (hereinafter referred to as the "judgment debtors" for convenience sake), namely, Shri Himat Singh (hereinafter referred to as the "tenant") in the court of learned Rent Controller under the Himachal Pradesh Urban Rent Control Act 1987. The petition was allowed by the Rent Controller on 20.6.2008. The eviction of the tenant was ordered on the ground that he was in arrears of rent at the rate of Rs. 200/ - per month from January 1984 alongwith interest @ 9% per annum. Eviction of the tenant was also ordered on the ground that the suit premises were bone fide required by the decree holders for carrying out the rebuilding and reconstruction as the suit premises have become unsafe and unfit for human habitation and the rebuilding and the reconstruction could not be carried out without getting the building vacated. The tenant was directed to hand over the suit premises to the landlords within a period of 30 days. In case the tenant did not deposit the arrears of rent alongwith interest @ 9% within a period of 30 days, he was ordered to be evicted on this ground also. The judgment debtors filed an appeal before the learned Appellate Authority bearing Rent Appeal No. 18 -S/13(b) of 2008. It was dismissed by the learned Appellate Authority on 12.8.2010. The judgment debtors filed a Civil Revision No. 112/2010 against the judgment of the learned Appellate Authority in this Court. The Court has passed the order on 4.10.2010 whereby the judgment debtors were ordered to pay the use and occupation charges @ Rs. 10,000/ - per month. The judgment debtors also filed a review petition against the order dated 4.10.2010. It was rejected by the court on 20.9.2011. The Special Leave Petition preferred against the impugned order was also dismissed by the Hon'ble Supreme Court.

(2.) IN the meantime, the decree holders filed an Execution Petition bearing No. 9 -10/2010 before the learned Civil Judge (Senior Division) for issuance of warrants of possession. The judgment debtors filed objections to the same. The additional objections were also filed. The reply was also filed by the decree holders to the objections preferred by the judgment debtors. However, the fact of the matter is that the Civil Revision bearing No. 112/2010 was rejected by this court on 26.4.2012. The operative portion of the judgment dated 26.4.2012 reads as under:

(3.) MR . G.C. Gupta, learned Senior Advocate has vehemently argued that the judgment debtors have not deposited the use and occupation charges as ordered by this Court in Civil Revision No. 112/2010 vide order dated 4.10.2010. He then contended that in view of the law laid down by the Hon'ble Supreme Court, the sanctioned plan was not required to be produced before the Executive Court.