Tenancy rights under the H.P. Urban Rent Control Act are heritable, confirming the status of the deceased tenant's legal representatives as tenants.

JUDGMENT :

Satyen Vaidya, J.

1. Heard.

2. This is a petition under Article 227 of the Constitution filed against the order dated 4.10.2024, passed by the learned Rent Controller-I, Solan in Case No. 35/2 of 2012, whereby the application of the petitioner herein under Section 151 Code of Civil Procedure (for short the ‘Code’) has been dismissed.

3. The brief factual background is that a petition has been filed under Section 14 of the H.P. Urban RentControl Act, 1987 (for short the ‘Act’) by Sh. Kamal Mohan Grover, respondent No.1 herein (hereinafter referred to as the landlord) against one Sh. Mohinder Kumar Gupta for his eviction from residential premises on various grounds under the Act. The said case is pending on the files of learned Rent Controller-I, Solan as Case NO. 35/2 of 2012.

4. Sh. Mohinder Kumar Gupta raised an objection that he was not the tenant and the tenancy was in the name of his wife Kamlesh Gupta (petitioner herein). The learned Rent Controller framed issues on 18.2.2022.

5. Sh. Mohinder Kumar Gupta died and by allowing an application under Order 22 Rule 4 of the Code his legal representatives namely Kamlesh Gupta (wife), Nitin (son) and Jatin @ Jitin (son) were brought on record as respondents.

6. Thereafter, Kamlesh Gupta (petitioner herein) preferred an application before the learned Rent Controller, seeking leave to file reply to the eviction petition. The said application came to be dismissed by the learned Rent Controller on 26.4.2022. Smt. Kamlesh Gupta assailed the said order by way of CMPMO No. 428 of 2022 before this Court. The said petition was decided by a Coordinate Bench of this Court on 22.11.2023 by observing as under:-

“Accordingly, in view of the above observations, this Court without setting aside the order passed by the learned Rent Controller, which stand impugned by way of this petition, as agreed, directs the learned Rent Controller to first decide Issue No. 8, that has been framed by it on 18.02.2022, by treating to be a preliminary Issue on the strength of the respective stand which have been taken by the parties before it and then, proceed with the matter, depending upon the outcome of the adjudication of the said Issue. With these observations, the present petition is disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly. Parties to appear before the learned Rent Controller on 18.12.2023, and thereafter, a date shall be fixed by the learned Rent Controller for directing the parties to lead their respective evidence for deciding Issue No. 8 as a preliminary Issue.”

7. On 18.12.2023, the learned Rent Controller passed the following order:-

“I have gone through the order of Hon’ble High Court of HP passed in case titled as Ms. Kamlesh Gupta vs. Shri Kamal Mohan Grover in CWPMO No. 428 of 2022 dated 22.11.2023. In Para 16 Hon’ble High Court of HP has held as under:-

“Accordingly, in view of the above observations, this Court without setting aside the order passed by the learned Rent Controller, which stand impugned by way of this petition, as agreed, directs the learned Rent Controller to first decide Issue No. 8, that has been framed by it on 18.02.2022, by treating to be a preliminary Issue on the strength of the respective stand which have been taken by the parties before it and then, proceed with the matter, depending upon the outcome of the adjudication of the said issue.

In view of directions of the Hon’ble High Court of HP, the evidence is required to be adduced by the respondent on issue No.8 onus of which is on the respondent. List this case for RWs on 12.3.2024. Steps be taken within 7 days.”

8. It is the afore-stated order dated 18.12.2013, which was sought to be recalled by Kamlesh Gupta (petitioner herein) by way of application under Section 151 of the Code.

9. While hearing the learned counsel for the parties, it has transpired that Issue No.8 with respect to which directions were issued by a Coordinate Bench of this Court vide judgment dated 2