PREM MOHINI GUPTA Vs. SUMITRA (DECEASED)

JUDGEMENT

(1.) This Revision Petition has been preferred by landlord (DH) against order dtd. 7/1/2021, passed by Rent Controller, Shimla, in Case No.8-11 of 2017, whereby objections, preferred by respondent (JD) on 26/4/2018, have been allowed, with finding that at the time of filing the Rent Petition, status of parties stood changed in view of Agreement to sell and, therefore, there were minimal chances of obtaining eviction order in favour of landlord, in case the fact of execution of Agreement to Sell by DH to sell the property to the tenant would have been disclosed at the time of filing the eviction petition.

(2.) Landlord (DH) had presented Rent Petition No.142/2 of 2015, titled Prem Mohini Gupta v. Sumitra Devi, on 5/8/2015, which was registered on 12/8/2015. The Rent Petition was filed on the ground of arrears of rent from 1/3/2001 till the date of filing the Rent Petition, which were not paid despite raising demand by the landlord.

(3.) Sumitra Devi was served for 11/1/2016, but she did not appear and contest the petition and, accordingly, she was proceeded ex-parte vide order dtd. 11/1/2016.