LAWS(HPH)-2006-9-18

KUSHAL TAKKAR Vs. BRIJ BIHARI LAL BUTAIL

Decided On September 29, 2006
Kushal Takkar Appellant
V/S
Brij Bihari Lal Butail Respondents

JUDGEMENT

(1.) BY this common judgment all these three petitions are being disposed of together. The facts in brief leading to the filing of the three petitions may be summarized as under:-

(2.) RESPONDENT Brij Bihari Lal Butail being the landlord of the premises in question filed an Eviction Petition under Section 14 of the H.P. Urban Rent Control Act, 1987 (1987 Act, for short) against Nikka Ram (since deceased) and respondent Wattan Singh for their eviction from the property in question on three grounds, viz., non-payment of arrears of rent, sub-letting of a part of the property by deceased tenant Nikka Ram to respondent Wattan Singh and property having undergone changes and impairment because of the alterations and additions etc. Learned counsel for the parties submit and agree that in these three petitions the only ground which survives and which should be made the subject matter of consideration by this Court relates to sub-letting. Whether the reporters of Local Papers are allowed to see the Judgment?

(3.) DURING the pendency of the appeal before the learned Appellate Authority Nikka Ram tenant died. An application was filed on 19th February, 1998 by Jagjit Singh Chauhan in terms of Order 22 Rule 3 read with Section 151, CPC for substitution of the legal representatives of deceased appellant Nikka Ram on 21st the ground that Nikka Ram had expired on November, 1997 and was survived by the following six legal representatives:-