IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 181 of 2010 Date of Decision: 6.9.2010. Dr.Ram Nath ..Petitioner. Versus. Mehar Chand ..Respondent. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? . For the Petitioner (s): Mr.Rahul Mahajan, Advocate. For the Respondent(s): Mr.Ajay Sharma, Advocate Deepak Gupta, J (oral) This petition is totally mis-conceived. By means of this Petition the petitioner has challenged the order dated 17.3.2010 whereby the learned Additional District Judge (Fast Track), Una has refused to frame additional issues as prayed for by the petitioner. Admitted facts are that the respondent (hereinafter referred to as the plaintiff) filed a suit for eviction of the defendant from two shops and a veranda. Admittedly, these premises are not covered under the Rent Control Act and the provisions of the Transfer of Property Act alone are applicable. The learned trial Court ordered eviction of the petitioner herein and by means of 2 the application for framing additional issues the following two issues were sought to be framed: “1.Whether the defendant is a chronic defaulter in paying the rent as alleged? …OPP 2.Whether the defendant in the month of May, 1999 approached the plaintiff and suggested him to sell the shop premises to him?....OPP” I do not see how any of these issues are relevant for deciding the eviction proceedings filed under the provisions of the Transfer of Property Act. Whether a tenant is a defaulter or not or whether he has been paying rent regularly is a question which is totally immaterial while deciding the eviction proceedings under the Transfer of Property Act. Similarly, whether the tenant has been willing to purchase the property is also something which is totally irrelevant for deciding the eviction proceedings. In view of the above discussion, I find no merit in the petition which is dismissed. The parties are directed to appear before the learned appellate Court on October 7, 2010. Since the appeal was filed in the year 2008 and the original suit was filed in the year 2002 the learned lower Appellate Court is requested to dispose of 3 the appeal at the earliest and not later than 28th February, 2011. September 6, 2010 ( Deepak Gupta ), J. PV