SWARAN LATA KUTHIALA Vs. SUNITA CHABRA AND ORS.

JUDGEMENT

(1.) THIS petition is instituted against the order dated 8.8.2012 rendered by the learned Rent Controller (7), Shimla in case No. 23 -2 of 09/2004.

(2.) "Key facts" necessary for the adjudication of this petition are that predecessor -in -interest of the petitioner Smt. Swaran Lata Kuthiala preferred a petition for eviction under Section 14 of the Himachal Pradesh Urban Rent Control Act against the contesting respondents on the grounds of arrears of rent and also that the respondents have ceased to occupy the premises continuously for nine years before the filing of the petition.

(3.) PETITIONER moved an application under Order 26 Rule 4 of the Code of Civil Procedure for recording her statement on commission. The application was contested by the respondents. The petitioner has specifically averred in the application that she was more than 78 years old and she did not keep good health. The application has been rejected by the Rent Controller on the ground that petitioner Smt. Swaran Lata Kuthiala has not submitted any medical certificate. However, fact of the matter is that as per averments contained in the application, petitioner remained hospitalized w.e.f. 28.5.2012 to 5.6.2012.