Vinay Sood vs Raj Budhwar & Others
2023 Latest Caselaw 5672 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CMPMO No.205 of 2023 Decided on: 11th May, 2023 _________________________________________________________________

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    Vinay Sood                                                              ...Petitioner





                                       Versus





    Raj Budhwar & others.                                                   ...Respondents

_________________________________________________________________ Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. G.C.Gupta, Senior Advocate with Ms. Meera Devi, Advocate.

Jyotsna Rewal Dua, Judge

In view of the nature of the order being proposed

to be passed, no notice is required to be sent to the

respondents.

2. This petition under Article 227 of the Constitution

of India has been filed for grant of following prayer: -

"It is, therefore, respectfully prayed that the present petition may kindly be allowed and necessary directions may kindly be issued to the Learned rent controller, Shimla to consolidate and decide CMA Nos 143/2020, 147/2020, 569/2020 & 142/2020 within the period of 3 months and fix the use and occupation charges as

Whether reporters of Local Papers may be allowed to see the judgment?

prayed for in the CMAs', in the interest of justice."

3. Learned Senior Counsel for the petitioner

.

submitted that the petitioner is the landlord. He had filed

four separate ejectment petitions against four separate

tenants. All these four ejectment petitions were allowed. The

appeals preferred by the tenants against the judgment passed

by the learned Rent Controller were dismissed. The revision

petitions preferred were also dismissed by single order passed

by a Coordinate Bench of this Court on 31.12.2019. While

dismissing the revision petitions, following observations were

made: -

".......Further, it is made clear that the landlord can claim

use, and, occupation charges, vis-à-vis, the demised premises, from the tenants concerned, through hers

making, an apposite motion, before the learned Rent Controller concerned. Furthermore, upon, apposite

rebuilding(s), hence, happening, the statutory right, of, re- entry(ies) , is, also reserved in favour of all the tenants,

hence, on fresh terms, and, conditions, of, tenancy(ies)."

Learned Senior Counsel for the petitioner-landlord

submitted that pursuant to the above observations, the

landlord had instituted four separate petitions, claiming use

and occupation charges from the tenants for the use of the

preemies in question. These applications were instituted in

the year 2020. However, they are still pending adjudication.

The delay in their decision has caused irreparable loss and

.

injury to the landlord. Accordingly, prayer has been made for

expeditious disposal of the pending applications.

Taking into consideration the above submissions

and the factum of pendency of the applications moved by the

landlord for fixing use and occupation charges of the

premises, the present petition is disposed of by directing

learned Rent Controller Shimla to decided CMA Nos. 143,

147, 569 and 142 of 2020, expeditiously and preferably

within a period of six months from today. The Registry is

directed to convey this order to learned Rent Controller,

Shimla.

The pending miscellaneous application(s), if any,

also stand disposed of.

Jyotsna Rewal Dua Judge May 11, 2023 R.Atal