JUDGMENT :

Jyotsna Rewal Dua, J.

Notice. Mr. Ashok Sood, learned Senior counsel, on instruction received from Mr. Khem Raj Sharma, Advocate, learned Assisting Counsel, has put in appearance on behalf of the respondents.

2. With the consent of the parties, present petition is taken up for final hearing at this stage.

3. Petitioner was defendant in the learned Court below. Application moved by the defendant under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint, having been rejected by learned District Judge, Shimla in Civil Suit No.9-S/1 of 2018, instant petition has been preferred under Article 227 of the Constitution of India.

4. Factual position, relevant for adjudicating the present petition is:-

(a) An eviction petition moved by the plaintiff-landlord against the defendants-tenants was allowed in favour of the plaintiff-landlord by the learned Rent Controller, vide eviction order dated 02.09.2008, on the ground that premises are bona-fidely required by the plaintiff for reconstruction and re-building, which is not possible without vacation of the building as well as on ground of arrears of rent.

(b) Appeal preferred by the defendants against the eviction orde