(1.) ORDER :- The above revision petition is directed against the order dated 20-1-1998 passed by Rent Controller, Hamirpur in Execution Petition No. 28 of 1995 and the order dated 23-1-1998 passed by the District Judge, Hamirpur exercising the powers of the Appellate Authority under the H. P. Urban Rent Control Act, 1987 (hereinafter called 'the Act'). By the impugned order dated 20-1-1998 the Rent Controller has dismissed the objections filed by the petitioners, against which they had filed appeal before the Appellate Authority, which has been dismissed in limine as not maintainable by the impugned order dated 23-1-1998.
(2.) The present case has chequered history. Respondents 1 to 4 are the sons and respondent 5 is the daughter of one Uttam Chand, who was landlord of the premises in dispute. Respondents 6 to 8 are the sons and the petitioners are the daughters of one Om Parkash. The petitioners claim that Om Parkash was the tenant of the premises in dispute, which are shops in which he was running Karyana business and that after his death they along with their brothers respondents 6 to 8 have inherited the tenancy rights. Their further case is that late Shri Uttam Chand wrongly got executed one lease deed from one of their brothers, namely, Ashok Kumar respondent No. 6, who never continued the business of their father late Shri Om Parkash in the premises in dispute.
(3.) The first eviction petition filed by late Shri Uttam Chand against Ashok Kumar respondent No. 6 was dismissed as having been compromised by order dated 7-9-1981 and another lease deed was executed in favour of Ashok Kumar and Vinod Kumar respondents 6 and 7, the brothers of the petitioners. The second eviction petition filed against respondents 6 and 7 in which respondent 8 was also impleaded as sub-tenant, was allowed by judgment dated 24-12-1992 and eviction order was passed holding respondents 6 and 7 responsible for impairing materially the value and utility of the building in question by installing flour mill and oil speller therein and also for non-payment of arrears of rent.