Himachal Pradesh High Court
Dharmender vs Prem Chand on 9 May, 2022
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF MAY, 2022
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
CIVIL MISC. PETITION MAIN (ORIGINAL)
No. 140 of 2022
Between:
1. DHARMENDER,
S/O SH. JAGAN NATH,
AGED ABOUT 50 YEARS,
OCCUPATION SHOPKEEPER,
R/O BANSAL NIWAS,
NEAR MITTAL STEEL FACTORY,
LAKKAR BAZAR,
SOLAN CITY, TEHSIL AND
DISTRICT SOLAN (H.P.)
...PETITIONER
(BY MR. ADITYA THAKUR,
ADVOCATE)
AND
PREM CHAND,
S/O LATE SH. S.N. BANSAL,
C/O SUSHIL KUMAR,
R/O BANSAL NIWAS,
LAKKAR BAZAR, SOLAN,
TEHSIL AND DISTRICT SOLAN
(H.P.)
...RESPONDENT
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2
This petition coming on for admission this day, the
Court passed the following:
ORDER
.
This petition has been filed by the petitioner under Article 227 of the Constitution of India challenging the order, dated 1st April, 2022, passed by the Rent Controller-II, Solan, H.P., whereby warrant of possession has been ordered to be issued against the petitioner directing him to hand over the actual, vacant and physical possession of the tenanted premises even after breaking the locks.
2. It is submitted that the petitioner is apprehending imminent dispossession from the tenanted premises on account of warrant of possession having been issued against him by the Rent Controller.
3. Learned counsel for the petitioner, in the course of arguments, admitted that the appeal filed against the original order of Rent Controller is pending before the Appellate Authority-III, Solan, H.P.
4. It is argued that even though the application for interim relief has been filed alongwith the appeal, but, since the Rent Controller has passed the orders requiring the petitioner to pay ::: Downloaded on - 09/05/2022 20:05:37 :::CIS 3 the arrears of rent, which the petitioner could not pay, the Appellate Authority has not granted any interim relief.
5. It is submitted that since the Bank Account details of .
the respondent are not available with the petitioner and that he is staying somewhere in Chandigarh, the petitioner could not immediately deposit the amount in his bank account and that the petitioner is agreeable to now deposit the entire arrears of rent with the Court.
6. In case the petitioner deposits the arrears of the rent before the Appellate Authority-III, Solan, the Appellate Authority shall take up the application to pass appropriate interim order with regard to the grievance of the petitioner for staying the execution of the warrant of possession.
7. In view of the above, the petition is disposed of alongwith all pending miscellaneous applications, if any.
Copy dasti.
( Mohammad Rafiq ) Chief Justice May 09, 2022 ( rajni ) ::: Downloaded on - 09/05/2022 20:05:37 :::CIS