Arjun Vikram Singh & Others vs Indian Overseas Bank And Another
2021 Latest Caselaw 1699 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH,
                              SHIMLA
                                       Civil Revision No.160 of 2019
                                       Decided on: 05.03.2021




                                                                          .
    Arjun Vikram Singh & others                     ......appellant.





                                Versus
    Indian Overseas Bank and another            ...... respondent
    ......................................................................................





    Coram
    Ms. Jyotsna Rewal Dua, Judge.
    Whether approved for reporting?1





    For the petitioner :                     Mr. Ashok Sood, Sr. Advocate with
                                             Mr. Abhishek, Advocate.

    For the respondent :                     Mr. Arvind Sharma, Advocate .


    Jyotsna Rewal Dua, J (Oral)

Present revision petition filed by the land­lords

assails the findings recorded by both the learned Courts below in

respect of the following two issues framed in the eviction petition

preferred under Section 14 of HP Urban Rent Control Act:­

"1. Whether the total area under the occupation of the respondent is 2320.57 square feet, as alleged? OPP

2. Whether petitioners are entitled to recover arrears of rent @ Rs.400/­ per square feet per month w.e.f. 01.12.2006, as alleged?..OPP"

2. The companion Civil Revision No. 144/2019, filed by

the tenant/Indian Overseas Bank arising out of the same

judgments (as involved in the instant petition) was disposed of on

Whether reporters of the local papers may be allowed to see the judgment?

31.12.2020, as amicably settled between the parties. It is not in

dispute that pursuant to the amicable settlement as recorded in

.

the judgment dated 31.12.2020, passed in C.R No.144/2019, the

possession of the premises has been handed­over by the

tenant/respondent to the landlord/petitioners. The issues involved

in the instant revision petition (as extracted above) are also

involved in CS No.87/2011 filed by the present petitioners before

this Court. The issues framed in the Civil Suit are extracted

hereinafter:­

"1. Whether the plaintiff is entitled to recover an amount of Rs.6,56,63,006.16 with costs and statutory interest @12% P.A. on account of arrears of rent from 1.12.2006 till 31.10.2011 from the

defendants, if yes with pendente lite and future interest also or not? OPP

2. Whether the total area rented out to the defendant/Bank in Building in question works out to 215.63 sq.mtrs (2320.57

sq.ft) as claimed in para­2 of the plaint and the defendants/Bank is liable to pay rent for the said total area?

OPP

3. Whether the suit being barred under the provisions of H.P. Urban Rent Control Act, is not maintainable.. OPD

4. Whether the suit is bad for non­joined of necessary party?

5. Whether the plaintiffs are estopped from filing the present suit due to their own acts, deeds and conduct? OPD

6. Relief."

3. Learned counsel for the respondents/tenant under

instructions submits that he has no objection in case the findings

recorded by the learned Courts below on Issues No.1 & 2 in the

instant petition are quashed and set aside provided that the

liberty is reserved to them/respondents to agitate/contend on

these issues, in accordance with law, in the Suit No.87/2011. The

.

prayer has not been opposed by learned Senior Counsel appearing

for the land­lords/petitioners. Issue No.1 & 2 as framed in the

eviction/rent petition involved in the instant revision petition are

over­lapping & also involved in C.S No.87/2011, therefore, in light

of the statement made by learned counsel for the respondents as

accepted by learned counsel for the petitioners, the findings

recorded by learned Rent Controller Shimla on Issues No.1 & 2 in

the Rent Case No. 104­2 of 2011 as affirmed by learned

Appellate Authority in Rent Appeal No.2­S/13(b) of 2019 are set­

aside with liberty reserved to the parties to agitate on these issues

in Civil Suit No.87/2011. Pending applications,if any, shall also

stand disposed of .

Jyotsna Rewal Dua

Judge 05th March 2021 (Rohit)