RIKHI RAM AMAR NATH Vs. CHAMBA MAL BHAGRA
LAWS(HPH)-2021-4-59
HIGH COURT OF HIMACHAL PRADESH
Decided on April 29,2021

Rikhi Ram Amar Nath Appellant
VERSUS
Chamba Mal Bhagra Respondents

JUDGEMENT

Ajay Mohan Goel,J. - (1.) By way of this Civil Revision, the petitioner has prayed for the following reliefs:- " It is, therefore, prayed that after calling for the record of the case from the Court of learned Rent Controller (2), Shimla (H.P.) the present petition may be accepted and impugned Order dated 13.12.2019 passed by Learned Rent Controller Court No.(2) Shimla (HP) in Rent Petition Case No.18-2 of 2016/12 may be ordered to be set aside and consequently the application under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure filed by landlords-respondents may be ordered to be dismissed with costs, by passing such further order as may be deemed fit in the facts and circumstances of the case."
(2.) Brief facts necessary for the adjudication of the present petition are as under:- The predecessor-in-interest of the respondents herein filed an Eviction Petition against the present petitioner, under Section 14 of the H.P. Urban Rent Control Act, 1987. The premises in issue are non-residential and in terms of the contents of the Eviction Petition, the demised premises are a shop, approximately measuring 450 square feet, in the ground floor of the building and a godown/store with approximately same area in the first floor of the building, No.48, Lower Bazar, Shimla, H.P. The grounds mentioned in the petition for eviction of the tenant, inter alia, are that the eviction of the tenant is sought, as the demised premises were bonafidely required by the landlord for his personal use and occupation and for setting up business. It further stood mentioned in the Eviction Petition that the landlord, who was doing retail business of electrical parts and equipment in a rented shop at Middle Bazar, Shimla, H.P., bonafidely required the rented accommodation for his own use, with a view to start new business with his son and grand-son. During the pendency of this petition, the landlord died.
(3.) The respondents herein filed an application, under Order 22, Rule 3 read with Section 151 of the Code of Civil Procedure Code, before learned Rent Controller, Shimla, District Shimla, H.P., for impleading them as legal representatives of the deceased landlord. It was mentioned in the application that petitioner/landlord (Chamba Mal Bhagra) had expired on 24.10.2018. The deceased (Shri Chamba Mal Bhagra), vide Will dated 03.10.2018 had bequeathed the rented accommodation in favour of the applicants, i.e. his grand-sons, to succeed his estate, which was in possession of the respondents. As per the applicants, as they had stepped into the footsteps of the deceased/landlord and had become owners of the property in question, they prayed for their impleadment as legal heirs of the deceased/landlord.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.