JUDGMENT :

By way of this petition, filed under Article 227 of the Constitution of India, the petitioners have prayed for the following reliefs:­

“ It is, therefore, prayed that the petition may be accepted and impugned Order dated 07.09.2020 passed by learned Rent Controller Shimla in Rent Petition No.147/2 of 2014 may be ordered to be set aside and consequently application being CNR No.HPSH 120023882019 (Registration No.1217/2019 under Order 22, Rule 4 read with Section 151 of the Code of Civil Procedure may be dismissed and application being CNR No. HPSH 12003491208 (Registration No.9004891/2018) under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure may be allowed with costs throughout.”

2. Brief facts necessary for the adjudication of the present petition are as under:­

The contesting respondent, Sanjay Kumar Sharma has filed an eviction petition on 20.11.2014, seeking eviction of one Shri Sanjay Kumar, son of Shri Jagan Nath (since dead) from shop No.112, situated on ground floor, Sabji Mandi, Shimla, H.P. The eviction of the tenant was sought on the ground of bonafide requirement of personal use and occupation to open a retail shop. The eviction petition was