LAKHBIR KAUR Vs. SURINDER KAUR

JUDGEMENT

(1.) CHALLENGE herein is to the order passed by learned Rent Controller (1), Shimla in an application under Section 65 of the Indian Evidence Act filed in Rent Application registered as case No. 48 -II/2010 -09. By way of producing secondary evidence, permission has been sought to prove the agreement dated 23.6.1992 allegedly executed by late Shri Amrik Singh, the previous owner of the demised premises.

(2.) THE landlord -applicant before learned Rent Controller is successor -in -interest of Shri Amrik Singh. The respondents, petitioners herein are the tenants being successors -in -interest of Shri Joginder Singh in whose favour the agreement in question was executed by late Shri Amrik Singh. The eviction of the petitioners -tenants has been sought on the ground that the building is required for the purpose of rebuilding and reconstruction. The agreement allegedly extends a right in favour of the petitioners -tenants qua their re -induction in the demised premises on its reconstruction on a fixed rate of rent. Learned Rent Controller below while dismissing the application has observed as follows:

(3.) ABOVE -all learned Rent Controller has reserved liberty also in favour of the petitioners -tenants to enforce statutory rights of re -entry in the demised premises, if ultimately reconstructed after their eviction therefrom. Therefore, at this stage, they cannot be said to be aggrieved from the impugned order, in any manner, whatsoever. They can enforce their statutory right of re -entry at an appropriate stage, if need so arises by producing the evidence to prove the agreement in question. I, therefore, find no merit in this petition and the same is accordingly dismissed. Pending application(s), if any, shall also stand disposed of.