The main legal point established in the judgment is the determination of use and occupation charges payable by the tenants to the landlords and the imposition of conditions for payment and compliance to stay the operation of the eviction order.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The landlords of premises nomenclatured as Baljees Restaurant, 26, The Mall, Shimla, instituted before the Rent Controller (4), Shimla a petition for eviction of the petitioners herein/tenants from the demised premises. On the pleadings of the parties at lis the learned Rent Controller formulated the hereinafter extracted issues for rendition of findings thereupon:

(i) Whether demised premises are required bonafide by the petitioners for rebuilding and reconstruction, which cannot be carried out without demised premises being vacated, as alleged? OPP.

(ii) Whether present petition is barred under Section 18 of the H.P. Urban Rent Control Act, 1987, as alleged? OPR.

(iii) Whether petitioners have not approached the Court with clean hands, if so its effect? OPR.

(iv) Whether petitioners are estopped from filing the present petition by their act conduct and acquiescence, as alleged? OPR.

(v) Whether present petition is not maintainable, as alleged? OPR.

(vi) Whether reconstruction of demise premises cannot be done by the petitioners in view of restriction imposed by State Government, as alleged? OPR.

(vii) Whether present petition is not properly verified, as alleged? OPR.

(viii) Whether the present petition is bad for non compliance of mandatory provision of law, as alleged? OPR.

(ix) Relief.

On an appraisal of evidence by it as stood adduced before it, it rendered a decree of eviction of the petitioners herein/tenants from the demised premises. The order of eviction of the petitioners herein/tenants from the demised premises as stood rendered by the Rent Controller (IV), Shimla stood assailed by the petitioner herein/tenants by preferment of an appeal therefrom before the Appellate Authority, IV, Shimla. The latter affirmed the order of eviction of the petitioners herein/tenants from the demised premises as stood rendered by the learned Rent Controller (IV), Shimla. The tenants/petitioners herein laid a legal onslaught to the concurrently rendered orders of their eviction from the demised premises by both the Rent Controller (4), Shimla and by the Appellate Authority, IV, Shimla by theirs instituting the instant petition before this Court bearing Civil Revision No.138 of 2014. At the stage contemporaneous to the institution by the petitioners herein/tenants of the instant Civil Revision an application bearing CMP No.15463 of 2014 stood also instituted by them wherein relief of operation of the impugned order of 2.6.2014 rendered by the Appellate Authority-IV, Shimla in Rent Appeal No.31-S/14 of 2014/2012 being stayed was asked for from this Court. On 20.10.2014, this Court was pleased to till further orders allow the relief claimed in CMP No.15463 of 2014 by the petitioners herein/tenants. However, during the pendency of the revision petition before this Court, the landlords/respondents herein also instituted in the Registry of this Court CMP No.18694 of 2014 canvassing therein relief of the petitioners herein/tenants being liable to pay to the former use and occupation charges qua the demised premises at the rate of Rs.25,50,000/- per mensem from the date of rendition of an order of their eviction therefrom by the learned Appellate Authority, IV, Shimla till the handing over of its actual, vacant and peaceful possession by the petitioners herein/tenant to the former.

2. The application was responded by the petitioners herein/tenants wherein it was canvassed qua the claim of use and occupation charges at the rate of Rs.25,50,000/- per mensem reared against them by the respondents herein/landlords in the petition at hand being exorbitant. An adjudication by this Court of the claim ventilated in CMP No. 18694 of 2014 by the respondents herein/landlords for use and occupation charges qua the demised premises from the petitioners herein/tenants being a pre condition for this Court making absolute its orders of 20.10.2014 whereby it temporarily stayed the operation of the impugned concurrent renditions of order