Tarlok Singh Chauhan, J.

1. By the medium of this petition under article 227 of the Constitution of India, the following reliefs have been prayed:

“(i) To call for the record of the case pertaining to execution petition No.55-1 of 2015/11 pending before the Ld-Rent Controller Court No-IV Shimla, HP titled as Durga Singh vs. Sukhdev and after examining the legality and propriety of the impugned order annexure P-5 to quash and set aside the same.

(b) To directing the executing court to decide the objections annexure P-4 in accordance with law after framing the issues and giving opportunity of evidence.”

2. The necessary facts leading to the filing of the instant petition are that respondent/ decree holder had filed an application for eviction against the proforma respondent Sukhdev Sharma with respect to the premises known as Set No.1, Upper Floor House, Cart Road, Ram Singh House, Shimla. The grounds on which the eviction was sought;

(i) arrears of rent and

(ii) sub letting the premises in favour of petitioners.

3. The proforma respondent did not choose to contest the proceedings and was thus proceeded ex-parte and finally orders of eviction came to be passed on 8.12.1986.

4. On c