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2023 Supreme(HP) 112

VIVEK SINGH THAKUR
Asha Devi – Appellant
Versus
Reena Bhardwaj – Respondent


Advocate Appeared:
For the Appellant :Mr. Rajinder Singh Chandel, Advocate.
For the Respondent:Mr. Amit, Vaid and Mr. Lakshay Parihar, Advocates.

JUDGMENT :

Petitioner, invoking jurisdiction of this Court under Article 227 of Constitution of India, has approached this Court for setting aside the orders dated 28.6.2022 and 15.1.2021 passed by Rent Controller, Court No.2, Shimla in Execution Petition No. 15 of 2020, titled as Reena Bhardwaj vs. Asha Joshi.

2. Petitioner is tenant, whereas respondent is landlord. For convenience, they are being referred as tenant and landlord respectively in this order.

3. It is an admitted case that eviction petition preferred under H.P. Urban Rent Control Act, 1987 (hereinafter referred as the Act) by landlord has been allowed on the grounds of arrears of rent as well as bonafide requirement of landlord. Tenant has been held in arrears of rent amounting to Rs.9,08,119/- and in case of deposit of said amount within 30 days from the date of eviction order, along with cost, eviction of tenant will not be available to landlord. Eviction petition was allowed on 19.3.2020.

4. Tenant had preferred an appeal against aforesaid eviction order dated 19.3.2020, which is stated to have been dismissed in default. However, it is the claim of tenant that application for restoration thereof has been filed by tena

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