JUDGMENT :

Satyen Vaidya, J.

The instant petition has been filed against order dated 09.06.2022, passed by learned Rent Controller, Shimla, in Case No. CIS 4 of 2022, whereby the objections of the petitioner herein under Section 47 of the Code of Civil Procedure (for short, “the Code”) along with application under Order 14 Rules 1 and 2 of the Code have been dismissed.

2. The facts necessary for adjudication of this petition are as under:

(i) Respondent No.1 Rajesh Madan is the landlord in respect of residential premises known as House No. 82/3 Top Floor, Ganj Road, Shimla (hereinafter referred to as “the premises”). The premises was under the tenancy of Gian Singh even before the purchase of premises by the landlord.

(ii) Gian Singh died and was survived by his wife Balwant Kaur, Sons Rajinder Singh, Gurbachan Singh and Joginder Singh (now deceased).

(iii) After death of Gian Singh, the landlord filed a petition under Section 14 of H.P. Urban Rent Control Act, 1987 (for short, “the Act”) for eviction from the premises against Balwant Kaur on the grounds firstly, that the building had become unfit and unsafe for human habitation and secondly, the landlord required the premises bonafide f