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2015 DIGILAW 510 (HP)

Asha Devi v. Sain Ram Jhingta

2015-05-11

RAJIV SHARMA

body2015
JUDGMENT : Rajiv Sharma, J. - This petition is instituted against the order dated 13.11.2014, rendered by the learned Appellate Authority (2), Shimla in Case No. 1- R/13(b) of 2014. Key facts, necessary for the adjudication of this petition are that the respondent has instituted eviction petition against the petitioners vide Rent Petition No. 1/2 of 2013. The learned Rent Controller, has passed the eviction orders against the petitioners on 5.4.2014. The petitioners assailed the order dated 5.4.2014 before the learned Appellate Authority. The petitioners have also moved separate application under Section 24 (2) of the H.P. Urban Rent Control Act, 1987, for stay of the ejectment order. The application came up for hearing before the learned Appellate Authority on 13.11.2014. The application was disposed of by the learned Appellate Authority on 13.11.2014. Hence, this petition. 2. The rented accommodation is situated in main bazaar Rohroo, measuring 800 sq. feet. According to the landlord-respondent, the prevailing market rent was Rs. 75/- per sq. feet. The shop in question is approximately 20 ft. in width and 40 ft. in length. The petitioners were paying rent @ Rs. 3850/- per month. The learned Appellate Authority by well considered order has fixed the use and occupation charges at Rs. 15,000/- per month and has stayed the impugned eviction order dated 5.4.2014. The Court can take judicial notice that the rent in the main bazaar of an upcoming town like Rohroo, would not be less than Rs. 15,000/- per month, taking into consideration the measurement of the shop in question. 3. Consequently, there is no merit in this petition, the same is dismissed, so also the pending applications, if any.