SANJAY SHARMA Vs. SUDARSHANA DEVI SOOD

JUDGEMENT

(1.) The landlords/respondents herein, instituted petition, before the Rent Controller, Shimla, District Shimla, H.P., seeking therethrough eviction, of, the tenants/petitioners herein, from the, demised premises, on the ground, that, they bonafidely require it, for, their personal use. The afore petition was contested by the tenants/petitioners herein. On the contentious pleadings of the contesting parties, the learned Rent Controller framed the requisite issues. When the afore petition had reached, at the stage, of adduction of the petitioners' evidence, applications cast, under the provisions of Order 11 Rules 1,2 and 4 readwith section 151 CPC, stood instituted, before the learned Rent Controller, seeking therethrough meteing of answers, to, certain interrogatories, hence (a) devolving upon the landlords' petition for eviction, vis-a-vis, the demised premises, being not bonafide, given, the afore premises being not required by them, for, theirs establishing therein, any commercial enterprise, (b) and, for also purportedly repulsing the landlords hence propagation, qua, within 5 years, from, the date, of, filing of the petition theirs, hence vacating any commercial establishment, occurring, within the jurisdiction of Municipal Corporation, Shimla. Reiteratedly, therethrough, the tenants/applicants/petitioners herein strive, to, stain the aforestated grounds, with an aura of malafides, and, obviously also concert, to, bely the afore endeavors. However, as aforestated, upon, the apposite issue the discharging evidence thereon rather remained un-adduced by the petitioners herein, and, obviously, onus, after closure of the petitioners'/landlords' evidence, rather thereat, the respondents, may, avail an opportunity, to, adduce evidence in rebuttal, to, the discharging evidence, hence adduced by the petitioners therein, vis-a-vis, the relevant issue, (c) besides obviously also through meteing suggestions, to the petitioners'/landlords' witnesses, during, the course of each being cross-examined, hence apt strivings were recourse-able, for, belying the afore-stated grounds, for, eviction hence purveyed, in, the apt eviction petition.

(2.) Be that as it may, the interrogatories wherefrom the discovery of evidence, for, succoring the tenants/petitioners herein propagation, are, extracted hereinafter:-

(3.) Upon the afore applications, an order of dismissal was pronounced by the learned Rent Controller, and, the petitioners herein being aggrieved therefrom, cast a challenge thereon, by theirs instituting the instant petition before this Court.