IMPORTANT POINT
Framing of issues upon objection petition filed by tenant is essential in ends of justice.

P.S. Rana, J.—Present civil revision petition is filed under Section 24 of H.P. Urban Rent Control Act 1987 against order dated 19.2.2015 passed by learned Rent Controllercum- Executing Court whereby learned Rent Controller-cum- Executing Court dismissed the objections filed under Section 47 read with Section 151 CPC by revisionist.

Brief facts of the case

2. Shri Anil Kumar landlord filed petition under Section 15 of H.P. Urban Rent Control Act 1987 for eviction of tenant. It is pleaded that Anil Kumar Sood is owner/landlord of middle flat Below shop 120/2 lower market Shimla and Subhash Sharma was inducted as tenant in aforesaid premises by predecessor-in-interest of Anil Kumar at the rent of Rs. 720/- (Rupees seven hundred twenty only) per annum. It is pleaded that premises consists of two bed rooms, one drawing-cum-dinning, one kitchen and one toilet. It is pleaded that Anil Kumar filed eviction petition in the capacity of specified owner who was posted in Agro Industries Corporation Ltd Nigam Vihar Shimla and government accommodation was provided to him. It is pleaded that after retirement Anil Kumar require accommodation for his personal use and occupation.

3. Petition was contested by tenant namely Subhash Sharma. Learned Rent Controller framed following issues:-

1. Whether premises in question is bonafide required by the landlord for his own residence, as alleged? OPP

2. Whether there is no relationship of landlord and tenant between parties as alleged? OPR

3. Whether petition is not maintainable in the present form as alleged? OPR

4. Whether petition is bad for non-joinder of necessary parties as alleged? OPR

5. Whether petition is pre mature as alleged? ……OPR

6. Whether petitioner is not specified landlord as alleged? ……OPR

7. Whether petition is malafide as landlord has got ample accommodation at Prince of Wales Building Shimla as alleged? ……OPR

8. Relief.

4. Learned Rent Controller decided issue No. 1 in affirmative and decided issues Nos. 2 to 8 in negative. Learned Rent Controller passed eviction order against tenant on ground of bonafide requirement by landlord for his own use.

5. Feeling aggrieved against order of learned Rent Controller dated 15.3.2012 tenant Subhash filed Civil Revision No. 4 of 2013 titled Subhash vs. Anil Kumar before Hon’ble High Court of H.P. and on 19.8.2014 Hon’ble High Court dismissed the civil revision filed by tenant. Thereafter SLP was filed by tenant before Apex Court of India and same was also dismissed by Apex Court of India. Thereafter execution petition was filed by landlord against tenant before learned Rent Controller exercising the powers of Executing Court with prayer that notice be issued to tenant and warrant of possession of premises be issued in favour of landlord. Further prayer sought that tenant be placed in civil imprisonment.

6. During the pendency of execution petition tenant filed objections under Section 47 CPC read with 151 CPC pleaded therein that certain subsequent new developments took place and execution petition is not executable. It is pleaded that Smt. Pushpa Devi, Smt. Poonam have sold their 1/3rd share on 16.12.2013 in favour of Joginder Singh son of late Shri Darbara Singh resident of 120 lower market Shimla vide sale deed registered in office of Sub Registrar (Urban) Shimla. It is pleaded that another co-owner Smt. Reeta also sold her share on 27.12.2013 in favour of Joginder Singh vide sale deed dated 27.12.2013. It is pleaded that landlord Anil Kumar has also sold his share in favour of Joginder Singh but said transaction has not been depicted in red and white with an ulterior motive to continue execution petition. It is pleaded that in view of subsequent developments execution petition has become in-executable. It is pleaded that objection petition be allowed after affording opportunity to objector to lead evidence to prove the said contention and further pleaded that execution petition be dismissed with costs.

7. Anil Kumar landlord fil