ORDER :

By way of instant application, filed under S. 151 CPC, prayer has been made on behalf of respondents Nos. 1 to 4/applicants/ landlords (hereinafter, ‘respondents) to issue directions to the petitioners/non-applicants/ tenants (hereinafter, ‘petitioners’) to pay the use and occupation charges qua the demised premises, which are being occupied by them despite there being eviction order passed by competent court of law.

2. Precisely, the facts of the case, as emerge from the record, are that the original landlord, late Khem Chand filed an eviction petition under S.14 of the Himachal Pradesh Urban Rent Control Act (hereinafter, ‘Act’) against the original tenant, late Badri Nath Khanna from the shop situate in building bearing municipal No. 139-140, in the Lower Bazaar, Shimla (hereinafter, ‘demised premises’), on the ground of rebuilding and reconstruction. Tenant though opposed the aforesaid prayer made on behalf of the landlord on the ground that the building, wherein the demised premises are situate does not require reconstruction but learned Rent Controller, on the basis of pleadings as well as evidence led on record by the respective parties, dismissed the eviction petition