Himachal Pradesh High Court
Sanjay Rai vs Ramesh Chander Sehgal on 19 December, 2018
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
Civil Revision No.246 of 2018.
Date of decision: 19.12.2018.
Sanjay Rai .....Petitioner.
Versus
Ramesh Chander Sehgal .....Respondent.
Coram r
Whether approved for reporting?1 The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
No For the Petitioner : Mr. Vijender Katoch, Advocate.
For the Respondent : Nemo.
Tarlok Singh Chauhan, Judge (Oral).
It is not in dispute that the petitioner has failed to deposit the arrears of rent as determined by the learned Rent Controller within a period of 30 days from the date of order.
Thus, his eviction as per law is automatic and this was so held by this Court in Sanjay Kumar versus Smt. Pushpa Devi, Latest HLJ 2016 (HP) 262 wherein it was observed as under:-
"As per Section 14(2)(i) of the Himachal Pradesh Urban Rent Control Act, once the order of eviction is passed, the executing court is duty bound to execute its orders 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 20/12/2018 22:56:37 :::HCHP 2 and no question of equity or hardship to execute its orders and no question of equity and hardship would arise for consideration at this stage and interest on the .
rent has to be calculated from the date when the amount of rent fell due and not the date of the institution of petition or the passing of the order.
Petition is dismissed."
2. Thus, it is abundantly clear that under the H.P. Urban Rent Control Act, it is mandatory on the part of the tenant to make payment within 30 days from the date of the order. Admittedly, the tenant in this case has not paid even a single paisa to the landlord.
3. In these circumstances, no fault can be found with the order passed by the learned Rent Controller as affirmed by the learned Appellate Authority.
4. Accordingly, there is no merit in this petition and the same is dismissed in limine. All pending applications also stand disposed of.
(Tarlok Singh Chauhan) 19 th December, 2018. Judge (krt) ::: Downloaded on - 20/12/2018 22:56:37 :::HCHP