PADAM NABH SHARMA Vs. BALWANT RAI GOTRA

JUDGEMENT

(1.) THE petitioner is a tenant of premises House No. 1/2, Property No. 1, Tilak Nagar, Shimla-5 at an annual rent of Rs. 312/-. He suffered eviction from these premises on the ground of non-payment of rent by order dated 9th January, 1987 passed by the Rent Controller (3), Shimla. The operative portion of the eviction order dated 9th January, 1987 is :

(2.) THE tenant filed the present Revision Petition and Chief Justice P.D. Desai, as his Lordship then was, called for the report of the Appellate Authority by passing the following order on 17th September, 1987 :

(3.) THE first submission made by Mr. M.V. Sharma is that the tenant has deposited the arrears of rent of Rs. 322/- in the treasury in the account of Civil Court Deposits within thirty days as directed by the Rent Controller and he is not liable to be evicted in execution of the eviction order dated 9th January, 1987. Invoking Section 9 of the Himachal Pradesh General Clauses Act, 1968, Mr. Sharma urges that for computing the period of thirty days, the period from 19.1.87 to 17.2.87 is required to be excluded for the reason that the Civil Courts in Shimla were closed for Winter Vacation, and vide High Court of Himachal Pradesh Notification No. HHC/Misc./6-20/77-VIII dated 13th November, 1986, limitation was not to run during the period of vacation. In support of his contention, he has referred to a number of authorities on Section 9 of the General Clauses Act but this Court will notice only the judgment of the Supreme Court in (H.H. Raja) Harinder Singh v. S. Karnail Singh and others, AIR 1957 SC 271. There is no dispute that the amount of Rs. 322/- was in fact, deposited on 16th February, 1987 before the Civil Courts opened on 18th February, 1987.