DHARAM PRAKASH BHARDWAJ Vs. BABA JANG BAHADUR

JUDGEMENT

(1.) Petitioner/tenant has filed this Revision Petition under Sec. 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (herein after referred to as 'the Rent Act') against the judgment dtd. 19/5/2014 passed by Appellate Authority in Rent Appeal No. 24-S/13b of 2013/12, titled as Bawa Jang Bahadur Vs. D.P. Bhardwaj, whereby order dtd. 24/9/2012 passed by Rent Controller-2 Shimla in Rent Case No. 14/2 of 2009, titled as Baba Jang Bahadur Vs. D.P. Bhardwaj has been reversed and petitioner/tenant has been ordered to be evicted for arrears of rent of ?48,243/- with direction that on deposit of arrears of rent within 30 days from the date of passing of order dtd. 19/5/2014, tenant will not be evicted from the demised premises.

(2.) Supreme Court in Rukmini Amma Saradamma vs. Kallyani Sulochana and others, reported in (1993) 1 SCC 499, referring its earlier pronouncement in Rai Chand Jain vs. Chandra Kanta Khosla, (1991) 1 SCC 422, with respect to scope of revisional power under Sec. 20 of Kerala Rent Control Act, which is similar to H.P. Rent Act, has observed that notwithstanding the fact that Sec. 20 of the Act conferring revisional jurisdiction of the High Court is widely worded, such a jurisdiction cannot be converted into an appellate jurisdiction.

(3.) With respect to scope of jurisdiction and revisional jurisdiction and the extent of power which High Court can exercise in a Revision filed under Sec. 24(5) of the Rent Act, Five Judges' Constitution Bench of Supreme Court in Hindustan Petroleum Corporation Limited vs. Dilbahar Singh, (2014) 9 SCC 78, has observed as under:-