RAJESH Vs. DAYAWANT SINGH & ANR

JUDGEMENT

(1.) This revision petition has been preferred against the judgment dated 30.12.2010 passed by learned Appellate authority, Shimla in an appeal registered as CMA No. 53-S/14 of 2010 quashing thereby the order dated 26.5.2010 passed by learned Rent Controller-(IV), Shimla whereby an application under Order IX Rule 9 read with Sec. 151 Civil Procedure Code registered as case No. 31/6 of 2008 was dismissed.

(2.) Petitioner herein is one of the tenants in the demised premises namely "Chur View Estate" near main Sanjauli Chowk, Shimla. The respondent No. 1 is landlord, whereas proforma respondent No. 2, the mother of the petitioner his co-tenant. The landlord Dayawant Singh had sought the eviction of both tenants on the grounds, inter alia, that they have not paid the rent from 1.1.1990 onwards and respondent-tenant No. 1 Smt. Lalita Devi had subleted the demised premises in favour of respondent No. 2.

(3.) In the rent petition on completion of the pleadings and framing issues, the evidence of petitioner-landlord has already been recorded. The petition was at the stage of recording the respondents' evidence when taken up for the purpose on 29.8.2007, was dismissed under Order IX Rule 8 of the Code of Civil Procedure for non-prosecution.