SMT. PAMILA KAPUR AND ORS. Vs. KHEM SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 11-1-1994 passed by Rent Controller (2), Shimla, in execution No. 62-10 of 1988. By the impugned order, learned Court below held that the order of eviction is not executable and accordingly execution petition was dismissed.

(2.) The predecessor of the present Petitioners filed a petition under Himachal Pradesh Urban Rent Control Act, 1971, before the Rent Controller (2), Shimla, for eviction of Respondent No. 1 from Quarter No. 12 on the ground of arrears of rent and also bona fide personal requirement for reconstruction of the premises in question. The petition was dismissed by the learned Rent Controller. An appeal was laid before the learned Appellate Authority, both the landlord and the tenant made statements on oath and accordingly, the learned Appellate Authority passed the following order:

(3.) Learned executing Court, inter alia, held that the landlord was to carry out the following repairs to enable the tenant to shift to quarter No. 17. The said repairs are as follows: