ORDER :

1. By way of instant application, filed under S. 151 CPC, prayer has been made on behalf of applicant/respondent to issue directions to the non-applicant/petitioner No. 1 to pay the use and occupation charges qua the demised premises, which are being occupied by him despite there being eviction order passed by competent court of law.

2. For having bird’s eye view of the matter, facts shorn of unnecessary details are that one late Smt. Chander Kanta, mother of the applicant/respondent Randeep Singh Parmar, filed a rent petition under S.14 of the Urban Rent Control Act, 1987 (hereinafter, ‘Act’), seeking eviction of the non-applicants/petitioners from Shop No. 33 measuring 290 square feet, The Mall, Shimla, Himachal Pradesh (hereinafter, ‘demised premises’). Since said Smt. Chander Kanta expired during the pendency of the eviction petition, applicant/respondent namely Shri Randeep Singh Parmar came to be brought on record as petitioner in the eviction proceedings. Respondent sought eviction of the nonapplicants/ petitioners from the demised premises on the ground that presently the demised premises is under the sub tenant and Shambhoo Nath is residing out of Shimla and has cea