PANNA LAL Vs. ARUN KUMAR

JUDGEMENT

(1.) Invoking provisions of Article 227 of the Constitution of India, present petition has been preferred for setting aide order dtd. 8/9/2022 passed by Rent Controller, Shimla in Execution Petition No. 78 of 2019, titled as Arun Kumar Vs. M/s Panna Lal and others, whereby Rent Controller has dismissed an application under Order 14 Rules 1 and 2 of the Code of Civil Procedure, filed by the petitioners, for framing an issue in Execution Petition.

(2.) Predecessor-in-interest of respondents/landlords had instituted Rent Application No. 56-2 of 2002/98, titled as Khem Chand Vs. M/s Panna Lal and sons on 22/4/1998, which was allowed vide order dtd. 14/9/2010, ordering eviction of the petitioner/tenant from the premises in reference on the ground that the premises was required bonafide by the landlord for re-building and re-construction and also on the ground that tenant had carried additions and alterations in the premises without written consent of landlord, materially impairing the value and utility of the premises.

(3.) Appeal bearing No. RC 41-S/13(b) of 2010, preferred by tenant was partly allowed by the Appellate Authority vide judgment dtd. 30/7/2012, whereby eviction of tenant, on the ground of material additions and alterations in the premises without consent of the landlords thereby impairing its value and utility, was set aside and rest order of eviction was maintained, but subject to condition that Executing Court shall execute the order only on production of duly sanctioned building plan by the petitioner and tenant shall have right of re- entry on equivalent area in the reconstructed building on mutual terms of tenancy.