TILAK RAJ SON OF LATE JOGINDER NATH SOOD & ANOTHER Vs. RAJINDER SOOD ALIAS RAJAN SON OF LATE RAMESHWAR NATH SOOD

JUDGEMENT

(1.) Present civil revision petition is filed under Section 115 of the Code of Civil Procedure 1908 for setting aside order dated 27.3.2015 passed by learned Rent Controller Shimla under Order 18 Rule 17 CPC read with Section 151 CPC in case No. 231-2 of 2013/09 title Rajinder Sood vs. Tilak Raj.

(2.) Landlord Rajinder Sood filed eviction petition in the year 2009 against tenants under Section 14 of H.P. Urban Rent Control Act 1987 relating to Quarter No. 14 Out House No. 2 Anand Lodge Jakhoo Shimla on the ground that tenant is in arrears of rent upto September 2009 for a sum of Rs.18000/- (Rupees eighteen thousand) plus interest at the rate of 9% per annum and on the ground that premises in question required bonafide by landlord for carrying out reconstruction which could not be carried out without eviction of tenants. It is also pleaded that premises is hundred years old and is in dilapidated condition.Prayer for acceptance of petition sought.

(3.) Per contra petition is contested by tenants on the ground that present petition is not maintainable and landlord has no cause of action to file present petition and present petition is filed with malafide intention. It is pleaded that earlier eviction petitions were filed by landlord against father of tenants which were dismissed. It is pleaded that petition is liable to be dismissed under Section 11 of CPC. Prayer for dismissal of petition sought.