R.R. SHARMA Vs. RAM KUMARI AND ORS.

JUDGEMENT

(1.) Present Revision Petition is filed under Sec. 24 (5) of H.P. Urban Rent control Act 1987 against the order dated 30.3.2015 passed by learned Rent Controller Shimla H.P.

(2.) Landlords filed eviction petition No. No. 13/2 of 2001/2000 under Sec. 14 of H.P. Urban Rent Control Act 1987 against tenant for eviction from the demised premises. Petition filed by the landlords allowed vide order dated 29.11.2007. Tenant preferred appeal before learned Appellate Authority which was dismissed. Tenant preferred Civil Revision No. 64 of 2011 before Hon'ble High Court of H.P. and Hon'ble High Court disposed of civil revision No. 64 of 2011 finally with direction that tenant would retain possession of the demised premises till the map of building for reconstruction is not sanctioned by competent authority in accordance with law. Hon'ble High Court of H.P. further directed in civil revision No. 64 of 2011 that tenant would pay arrears of use and occupation charge due upto 31.3.2012 to landlords within 30 days w.e.f. 26.4.2012 thereafter would pay use and occupation charges on quarterly basis regularly by 15th day of next month after the quarter for which such charges would be payable. Thereafter landlords contended before learned Rent controller that rider for production of building plan has been removed by latest judgment announced in CR No. 125 of 2012 decided on 16.8.2013 and prayed for issuance of warrant of possession. Thereafter learned Rent Controller on dated 2.9.2013 issued warrant of possession against tenant. Thereafter tenant filed objections before learned Rent controller. Learned Rent controller vide order dated 10.1.2014 held that in view of rulings given in CR No. 125 of 2012 decided on 16.8.2013 by H.P. High Court in case title Karam Chand and others v/s. Jasbir Kaur and others and in view of ruling reported in : 2013 (5) SCC 243 title Hari Dass Sharma v/s. Vikas Sood and others landlord is not require to produce sanctioned building plan before executing court and dismissed objections filed by tenant and directed tenant to vacate premises forthwith keeping in view that eviction order against tenant passed on dated 29.11.2007. Thereafter tenant filed Civil Revision No. 9 of 2014 title Raniya Ram alias R.R. Sharma v/s. Gopala and others against order of learned Rent controller which was disposed of by Hon'ble High Court of H.P. on 3.6.2014. Hon'ble High Court set aside order of learned Rent Controller with directions that tenant shall continue to retain possession of demised premises till map of building for reconstruction is not sanctioned by competent authority. Hon'ble High Court of H.P. further directed that use and occupation charges will be determined by learned Rent Controller. As per directions of Hon'ble High Court of H.P. learned Rent Controller determined use and occupation charges at the rate of Rs. 10,000/ - (Ten thousand) per month of demised premises vide order dated 30.3.2015.

(3.) Feeling aggrieved against order of learned Rent Controller dated 30.3.2015 tenant filed present revision petition.