The main legal point established in the judgment is the interpretation of the provisions of Section 14(2) of the Himachal Pradesh Urban Rent Control Act, 1987 and Section 8 of the Himachal Pradesh General Clauses Act to determine the calculation of time for depositing arrears of rent by the tenant.

Ajay Mohan Goel, J.

1. By way of this petition the petitioner has assailed order dated 18.3.2017 passed by the Court of learned Senior Civil Judge, Court No. (1), Amb, District Una in Execution Petition titled Rama Rani vs. Vas Dev.

2. There is a very short moot issue involved in this petition. Admittedly, the eviction petition filed by landlord before learned Rent Controller was decided on 21.3.2011. Vide order so passed by learned Rent Controller the present petitioner was held to be in arrears of rent which were calculated by learned Rent Controller to be an amount of Rs. 51,570/- with interest (See Annexure-C appended with the judgment passed by learned Rent Controller). Eviction of the present petitioner was ordered on 21.3.2011 on the ground of arrears of rent with further direction that he shall not be evicted if he pays the amount of rent due towards the landlord within a period of 30 days from the date of the order. Petitioner deposited the said amount before learned Executing Court by way of FDR No. 378110 drawn upon Canara Bank on 20.4.2011. Learned Executing Court vide order dated 18.3.2017 ordered issuance of warrant of possession against him to handover the vacant possession of the premises in issue to the decree-holder on the ground that the tenant had not paid arrears of rent within 30 days as ordered by learned Rent Controller vide order dated 21.3.2011.

3. Mr. Modgil learned counsel appearing for the petitioner has vehemently argued that there is perversity in the findings so returned by learned Executing Court, as the learned Executing Court has erred in not appreciating that 30 days were to be calculated by excluding the date of pronouncement of the order passed by learned Rent Controller whereas learned Executing Court has counted the said date also as inclusive of 30 days. On the other hand Mr. Jeevan learned counsel appearing for the landlord has defended the impugned order on the ground that 30 days meant 30 days from the date of order which obviously includes the date of order.

4. In my considered view there is considerable force in the said contention of Mr. Modgil learned counsel for the petitioner.

5. A perusal of Section 14 (2) of the Himachal Pradesh Urban Rent Control Act, 1987 demonstrates that it is provided therein that a tenant against whom the Controller has made an order for eviction on the ground of non-payment of rent due from him, shall not be evicted as a result of his order, if the tenant pays the amount due within a period of 30 days from the date of order. It is not mentioned therein that the date on which the pronouncement of the order was made by learned Rent Controller is to be calculated while counting 30 days. In view of the provisions of Section 8 of the Himachal Pradesh General Clauses Act, 1968 in my considered view the day on which the order is so pronounced by learned Rent Controller by no stretch of imagination can be included in the period of 30 days, so prescribed in the proviso to Section 14(2)(i) of the Act (Supra).

6. Section 8, of the Himachal Pradesh General Clauses Act, 1968, provides as under:-

“8. Commencement and termination of time.- In any Himachal Pradesh Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word “from” and for the purpose of including the last in a series of days or any other period of time, to use the word to.

7. This Section is parameteria with Section 9 of the General Clauses Act, which reads as under:-

“9. Commencement and termination of time.-(1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word “from” and for the purpose of including the last in a series of days or any other period of time; to use the word to.

(2) This section applies also to all Central Acts made after the third day of January, 1868 and to all Re