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2021 Supreme(HP) 563

SANDEEP SHARMA
RAJ KUMAR SOOD SON OF LATE SH. OM PRAKASH SOOD – Appellant
Versus
SANJEEV SOOD BHAGRA SON OF LATE SH. GANGA DASS BHAGRA – Respondent


Advocates Appeared:
For The Appellant :SH. J.L.BHARDWAJ, ADVOCATE
For The Respondent:SH.SUMIT SOOD, ADVOCATE

ORDER :

Instant Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, lays challenge to order dated 8.10.2020, passed by learned Rent Controller, Shimla, District Shimla, Himachal Pradesh, whereby objections preferred by the respondent –Judgment debtor (hereinafter referred to as the Judgment debtor) to the execution petition having been filed by the petitioners-Decree holder (hereinafter referred to as the Decree holder), came to be allowed and as a consequence thereof execution petition filed by the decree holder came to be dismissed.

2. Precisely, the facts of the case as emerge from the record are that Decree holder sought eviction of judgment debtor from the demised premises on the ground that building is 100 years old and has become unsafe and unfit for human habitation. Apart from above, Decree holder claimed that he bondafidely require the building for re-building and re-construction and same cannot be done without eviction of the tenant. Learned Rent Controller vide order dated 19.03.2013 partly allowed the petition filed by Decree holder and held that the building housing the demised premises is bona-fide required by the Decree holder for rebuildin

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