Disposed¶19

Vishal Sood and Another v. Subash Chand and Others

Himachal Pradesh HC2 Sept 2024CR/70/2024

Case brief

AI extract

What is this about?

Use and occupation charges not ascertained; Section 151 CPC application pending before Appellate Authority; revision petition premature; stay of eviction order dated 17.05.2022; Rent Appeal No. 24/2022; Rent Controller Court No.(II) Shimla; Rent Petition No. 17/2 of 2016/11; direction to dispose of pending application expeditiously; Himachal Pradesh High Court Civil Revision No. 70/2024.

What did the court decide?

The learned Appellate Authority was directed to consider and dispose of the petitioners' pending application under Section 151 CPC seeking payment of Use and Occupation charges expeditiously, in accordance with law; pending miscellaneous application(s), if any, were also disposed of. ¶19

Vishal Sood and Another Vs Subash Chand and Others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the Appellate Authority's order dated 10.05.2024 staying the eviction order could be assailed on the limited ground that Use and Occupation charges had not been ascertained and directed to be deposited by the tenant in the impugned order. +1 more

¶17

Ratio / Principle

Since an application moved by the petitioners seeking direction for payment of Use and Occupation charges is still pending adjudication before the learned Appellate Authority, the only order that can be passed in this revision petition is to direct the learned Appellate Authority to consider and dispose of that application under Section 151 CPC expeditiously, in accordance with law.

¶19

Detailed headnote1 paragraphs

Himachal Pradesh High Court (Jyotsna Rewal Dua, J.), Civil Revision No. 70/2024, decided 02.09.2024: Landlord-petitioners challenged the Appellate Authority's order dated 10.05.2024 in Rent Appeal No. 24/2022 — which had stayed the operation and execution of the eviction order dated 17.05.2022 passed in their favour by the Rent Controller Court No.(II), Shimla in Rent Petition No. 17/2 of 2016/11 — solely on the ground that Use and Occupation charges had not been ascertained and directed to be deposited by the tenant. Respondents argued the petition was premature because the petitioners' own application under Section 151 CPC for such payment remained pending before the Appellate Authority; petitioners' counsel did not dispute this. Holding that, with the application still pending, the only order that could be passed was to direct the Appellate Authority to consider and dispose of that application expeditiously in accordance with law, the Court ordered accordingly and disposed of the pending miscellaneous application(s). No precedent was cited.

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

Civil Revision No. 70/2024 Decided on: 02.09.2024

Vishal Sood & Anr.

…Petitioners

Versus

Subash Chand & others .…Respondents.

¶7

………………………………………………………………………………. Coram

¶8

Ms. Justice Jyotsna Rewal Dua, Judge.

¶9

Whether approved for reporting?¹

¶10

For the petitioners: Mr. Sumit Sood, Advocate.

¶11

For respondents: Mr. Deepak Gupta, Advocate.

¶12

Jyotsna Rewal Dua , J.

¶13

Petitioners are the landlords. An eviction order was passed on 17.05.2022 by the learned Rent Controller Court No.(II), Shimla, in their Rent Petition No. 17/2 of 2016/11 (Vishal Sood & Anr. Vs. Rikhi Ram).

¶14

The aforesaid eviction order was assailed by the respondents in Rent Appeal No. 24/2022 before the learned Appellate Authority. Vide order dated 10.05.2024, learned Appellate Authority stayed the operation and execution of the eviction order dated 17.05.2022.

¶15

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

¶16

¶17

2. The landlords have assailed the aforesaid order dated 10.05.2024 on the limited ground that Use and Occupation charges have not been ascertained and directed to be deposited by the tenant in the impugned order.

¶18

3. Learned counsel for the respondents submitted that an application of the present petitioners instituted under Section 151 of the Civil Procedure Code with a prayer to direct the present respondents to make payment of Use and Occupation charges is still pending adjudication before the learned Appellate Authority. Without waiting for the decision of that application, the petitioners have preferred the present revision petition, hence, the instant petition is premature.

¶19

4. Learned counsel for the petitioners did not dispute the fact that an application moved by the petitioners seeking direction to the respondents to make payment of Use and Occupation charges is still pending adjudication before the learned Appellate Authority. That being the position, the only order that can be passed in this revision petition is to direct the learned Appellate Authority to consider and dispose of the aforesaid application moved by the petitioners under Section 151 CPC seeking payment of Use and Occupation charges expeditiously, in accordance with law. Ordered accordingly.

¶20

¶21

Pending miscellaneous application(s), if any, shall also

¶22

stand disposed of.

¶23

Jyotsna Rewal Dua Judge

¶24

02^nd September, 2024

¶25

(rohit)