RIKHI RAM AMAR NATH Vs. VIKAS SOOD

JUDGEMENT

(1.) Instant petition filed under S.24(5) of the Himachal Pradesh Urban Rent Control Act, (hereinafter, 'Act') lays challenge to order dated 15.7.2019 passed by learned Rent Controller(2), Shimla, Himachal Pradesh, whereby an application having been filed by respondents under Order XXII, rule 3 read with S.151 CPC, for impleadment as petitioners/landlords in place of original tenant, Chamba Mal Bhagra, who died on 24.10.2018, came to be dismissed.

(2.) Having heard learned counsel for the parties and perused the material available on record, vis ? ?-vis reasoning assigned by learned Rent Controller while allowing application under Order XXII, rule 3 read with S.151 CPC, filed by the respondents herein for their impleadment as petitioners/landlords, this Court finds no illegality or infirmity in the impugned order, as such, same does not call for any interference.

(3.) It is not in dispute that the original petitioner/landlord, Chamba Mal Bhagra had filed a petition for eviction on two grounds viz. (a) building having become unfit and unsafe for human habitation and, (b) bona fide requirement for building/rebuilding. It is also not in dispute that the original landlord, Chamba Mal Bhagra expired on 24.10.2018, whereafter, an application under Order XXII, rule 3 CPC came to be filed on behalf of his grandsons Vishal Sood and Vikas Sood, on the basis of Will. Though, initially aforesaid application came to be resisted on behalf of tenants on the ground that neither copy of Will nor mutation, if any, entered in the names of the applicants, after death of original landlord, Chamba Mal Bhagra, has been placed on record but, it clearly emerges from the impugned order that during pendency of the application referred to herein above, both the documents i.e. Will as well as mutation, were supplied to the tenants. Applicants also placed on record death certificate disclosing therein the factum with regard to death of original landlord, Chamba Mal Bhagra. As per Will placed on record, ground floor of the building, 48/1, Lower Bazaar, Shimla, stands bequeathed in favour of respondents herein i.e. Vishal Sood and Vikas Sood both sons of Shri Ravinder Kumar Sood.