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2014 Supreme(HP) 657

RAJIV SHARMA
Ajay Aggarwal – Appellant
Versus
Narinder Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Suneet Goel, Advocate.
For the Respondents:Mr. Ashok Sood, Advocate, for respondent No.1. Mr. Neeraj Gupta, Advocate, for respondent No. 2.

JUDGMENT

Rajiv Sharma, Judge:

This petition is instituted against order dated 2.5.2013 rendered by learned Rent Controller (7) Shimla in case No. 3-2 of 2009/06.

2. Pertinent facts necessary for the adjudication of this petition are that the petitioner-land lord (hereinafter referred to as ‘petitioner’ for brevity sake) filed a petition under Section 14 of the H.P. Urban Rent Control Act, 1987, against the original tenant (Avadh Bihari Lal). Issues were framed by the learned Rent Controller on 1.8.2007. Case was thereafter fixed for petitioner’s evidence on 8.10.2007. On 16.11.2007, respondent No. 1 filed an application under Order 1 Rule 10 read with Section 151 of the Civil Procedure Code for arraying/ impleading the legal heirs of Avadh Bihari Lal (original tenant). Learned Rent Controller allowed the application on 7.1.2008 and ordered impleadment of the legal heirs of late Avadh Bihari Lal. Respondents No. 3 and 5 did not appear before the learned Rent Controller on 7.3.2008. They were proceeded ex parte. Respondents No. 2 and 6 were ordered to be served for 22.5.2008 through ordinary process as well as through registered post. Since respondents No. 2 and 6 could not be served by

























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