USHA RANI AND ORS. Vs. SURINDER SETHI

JUDGEMENT

(1.) The petitioners herein are the landlords of premises No. 12/13 Lakkar Bazar, Shimla, in a portion whereof the respondent is a tenant. The petitioners herein filed a rent petition before the learned Rent Controller bearing No. 83/2 of 1999 against the respondent herein for the latter's eviction from the demised premises on the grounds as enunciated therein. The learned Rent Controller on a consideration of evidence adduced on the apposite issue struck by it on the pleadings available before it partly allowed the eviction petition qua the ground of the respondent herein having fallen into the arrears of rent, however, returned findings against the petitioners herein qua the demised premises being bonafidely required for rebuilding by the petitioners. An appeal therefrom stood preferred by the aggrieved petitioners herein before the Appellate Authority, Shimla. The Appellate authority, Shimla sustained the findings of the Rent Controller on the apposite issue qua the respondent herein having fallen into the arrears of rent besides reversed the findings recorded by the Rent Controller on the issue qua the demised premises being bonafidely required for rebuilding by the petitioners. In sequel, the order of the learned Rent Controller, Shimla stood modified by the Appellate Authority. The respondent herein instituted a Civil Revision No. 180 of 2007 before this Court assailing the judgment of the Appellate Authority, Shimla whereby it accepted the appeal preferred before it by the petitioners herein. Civil Revision No. 180 of 2007 was adjudicated alongwith other petitions as stood instituted before this Court against the judgments of the Appellate Authority, Shimla. A coordinate Bench of this Court affirmed the order of the learned Appellate Authority, nonetheless it while affirming the order of the learned Appellate Authority, Shimla had imposed therein certain conditions precedent for compliance thereof by the petitioners herein for facilitating execution of the decree of eviction of the tenant/respondent herein from the demised premises. The conditions as embodied therein stand extracted hereinafter:--

(2.) The landlords/petitioners herein instituted an Execution Petition before the Rent Controller, Shimla claiming therein the issuance of warrants of possession against the respondent/tenant for ensuring his eviction from the demised premises. The learned Executing Court on 10.12.2013 ordered for the issuance of a notice being served upon the JD/respondent herein/tenant in the demised premises for securing the latter's appearance before it on 25.2.2014. In pursuance to the learned Executing Court ordering for the issuance of summons being served upon the JD/respondent herein/tenant in the demised premises for securing his appearance before it on 25.2.2014, the serving official concerned proceeded to effectuate service upon the respondent herein by affixing summons on the outer door of his residential premises existing at Mahabir Niwas, Chepsli Estate, Lakkar Bazar Shimla. However the respondent/JD omitted to on 25.2.2014 record his presence before the learned Executing Court. Consequently, he was ordered to be proceeded against ex-parte, besides the learned Executing Court ordered for the issuance of warrants of possession qua the demised premises.

(3.) The JD/respondent herein/tenant in the demised premises thereupon proceeded to institute an application before the learned Executing Court under the provisions of Order 21 Rule 106 read with Section 94 and 151 CPC with specific averments therein of his having stood not properly served sequelling his absence before the learned Executing Court on 25.2.2014. Therein he also claimed a relief of the order of the learned Executing Court of 25.2.2014 whereby he stood proceeded against ex-parte being set aside besides of execution of warrants of possession as stood issued by it qua the demised premises being stayed. The learned Executing Court after inviting a response from the landlords/petitioners herein on the application aforesaid rendered an order in favour of the respondent herein/tenant in the demised premises.