(1.) Being aggrieved and dissatisfied with the passing of orders dated 12.1.2018 and 3.1.2018 (Annexure P-2 and Annexure P-3 respectively), whereby applications having been filed by the petitioner-tenant (hereinafter, 'tenant') seeking therein direction to the respondents-landlords (hereinafter, 'landlords') to receive arrears of rent in terms of order dated 29.12.2017 passed by the learned Rent Controller-I, have been dismissed, tenant has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, for quashing and setting aside the impugned orders detailed herein above, with a further prayer to issue direction to the landlords to receive arrears of rent in terms of order of eviction passed by learned Rent Controller.
(2.) Briefly stated, the facts of the case as emerge from record are that tenant suffered order of eviction on the ground of arrears of rent passed by learned Rent Controller-I, Solan, in a petition having been filed by the landlords. Learned Rent Controller, vide order dated 29.12017, while passing order of eviction against tenant held landlords entitled to arrears of rent to the tune of Rs. 2, 63, 510/-, however, such order of eviction was subject to payment of arrears of rent within thirty days of pronouncement of order. Pursuant to passing of aforesaid order by the learned Rent Controller, tenant filed an application No. 1/6 of 2018 dated 30.12017 (Annexure P-3) before the Rent Controller, praying therein to issue direction to the landlords to receive arrears of rent in compliance of order dated 29.12017, passed in rent petition titled Maya Poddar and another vs. Pradeep Aggarwal and issue receipt thereof in favour of the tenant. Learned Rent Controller below having perused office report, issued dasti notice to the landlords for 3.6.2018, however, on 3.6.2018, notices issued to landlords came to be received back duly served through one Shri Pankaj, but despite service, landlords failed to put in appearance in the court. On the same day, learned Court below took up case again after lunch but despite repeated calls, neither, landlords nor any counsel appeared on their behalf.
(3.) Careful perusal of order dated 1.2018 passed by learned Rent Controller, Solan, suggests that tenant Pradeep Aggarwal stated on oath that he has brought payment of arrears of rent to the tune of Rs. 2, 70, 000/- to be given to the landlord in terms of order dated 29.12.2017 passed by learned Rent Controller. Statement on oath recorded by learned Rent Controller is on record (Annexure P-5). Learned Rent Controller taking note of the averments contained in the application filed by the tenant, proceeded to dispose of the application, that too without assigning any reasons. Court below, while dismissing the application came to the conclusion that since the landlords haev not come present to receive the amount, application has become infructuous and as such, same is dismissed. Allegedly, after passing of the aforesaid order, tenant moved another application on 4.1.2018 bearing No. 7/6 of 2018 (Annexure P-4) before the learned Rent Controller-I, seeking therein permission to deposit arrears of rent in terms of order passed by it in Rent Petition No. 29/2 of 201 In the said application, tenant averred that since despite service, landlords failed to put in appearance before the court below as such he may be allowed to deposit the money on account of arrears of rent in the court itself. However, learned Rent Controller, Solan, again dismissed the application No. 7/6 of 2018 (Annexure P-4) vide order dated 12.1.2018 (Annexure P-1). Perusal of aforesaid order also suggests that at first instance, court below issued dasti notice to the landlords for 12.1.2018 but despite service, landlords chose not to remain present in the court on 12.1.2018. On 12.1.2018, court below repeatedly passed over the matter however, subsequently in the postlunch session, court proceeded against landlords ex parte and dismissed the application having been filed by the tenant. In the aforesaid background, tenant has approached this Court in the instant proceedings, seeking therein quashment of orders dated 12.1.2018 (Annexure P-1) and 1.2018 (Annexure P-2).