Punjab-Haryana High Court
Kamlesh Singh vs Puran Singh Sandhu on 22 January, 2026
-1-
123 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-621-2026
Date of Decision: 22.01.2026
KAMLESH SINGH
....Petitioner
Versus
PURAN SINGH SANDHU
...Respondent
CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL
Present: Mr. B.B.S. Sobti, Advocate
for the petitioner (through VC)
****
Parmod Goyal, J. (Oral)
Petitioner-judgment debtor is aggrieved by impugned order dated 05.01.2026 passed by Civil Judge (Junior Division), Ludhiana vide which application preferred by judgment debtor-petitioner under Section 30 CPC under Order XI Rule 1 of CPC and Sections 141 and 151 of CPC for delivering interrogatories was dismissed.
2. Vide his application before Executing Court judgment debtor- petitioner had sought following interrogatories:-
I Is any of the petitioners owing the property in dispute after inheriting the same from Puran Singh deceased? If yes, when the said property was transferred on the name of the petitioners jointly or individually ?
1 of 6 ::: Downloaded on - 28-01-2026 00:03:58 ::: CR-621-2026 -2- II If the answer to the above question is yes, what was the mode of transfer of ownership on the name of petitioners collectively or any of the petitioner individually? Was it a Will or on the basis of natural flow of succession?? To be supported by document.
III. Did Puran Singh now deceased execute any Will? Please give the detail of the same alongwith copy.
IV. Did Puran Singh had other properties including other house already admitted by him in India? How his property in abroad and in India were settled and in whose name? Supported by record, please answer.
V. Were any of the petitioners living with deceased Puran Singh before or at the time of his death? Please answer substantiated with record.
VI. Were any of the petitioners dependent on Puran Singh? Please give details supported by record.
VII. You petitioners in Para No.12 of your reply to the objections on Page 8 have alleged that the ownership of Puran Singh has already been admitted, please show where is that admission of the respondent?
VIII. Even if there is no admission, is there any record of ownership in favour of Puran Singh, (now deceased), like mutation in favour of Puran Singh, ownership recorded in Municipal Corporation record, if yes, please support your affirmative reply with record?
3. Puran Singh Sandhu who claimed himself to be landlord had preferred a petition under Section 24(3) of Punjab Rent Act, 1995 wherein applicant/judgment debtor had sought leave to defend which was declined and thereafter, review preferred by judgment debtor-petitioner was also dismissed by Rent Authority and vide judgment dated 13.04.2023, Rent 2 of 6 ::: Downloaded on - 28-01-2026 00:03:59 ::: CR-621-2026 -3- Controller, Ludhiana had allowed eviction petition under Section 24(3) of Punjab Rent Act, 1995 preferred by landlord-Puran Singh.
4. Appeal preferred by present judgment debtor-petitioner against order of eviction dated 13.04.2023 is pending before Appellate Authority, Ludhiana which was filed on 10.05.2023.
5. While deciding application seeking interrogatories by JD, the learned Executing Court vide impugned order concluded that Executing Court cannot go beyond the decree and since interrogatories (I) to (VIII) mentioned in para No.5 of the application are not relevant for the purpose of executing proceedings. Therefore, application of judgment debtor-petitioner is without merit and was dismissed.
6. Learned counsel for judgment debtor-petitioner has placed reliance upon Section 24(3) of Punjab Rent Act, 1995 and argued that all the interrogatories are required to show whether the legal representatives who have now been impleaded subsequent to death of Puran Singh were entitled to get eviction under Section 24(3) of Punjab Rent Act, 1995 or not. Reliance has also been placed on following judgments in support of his contentions:
• Rajinder Pal Vs. Rajindra Soap Works & Anr., 2018 (1) Law Herald 534;
• Shrivallabh Vs. Ibrahimkhan, 2015 (149) All India cases 687; • Transport Corporation of India Ltd. Vs. Reserve Bank of India & Anr., 2017 (4) Civil Court cases 612; • Omega Crown Vs. Thomson, 2012 (4) Civil Court cases 46; • Ammu Ammal Vs. Venkitadri Iyer, 1980 Kerala Law Times 929; • State of Haryana & Anr. Vs. Kartar Singh (D) through LRs., 2013 3 of 6 ::: Downloaded on - 28-01-2026 00:03:59 ::: CR-621-2026 -4- (1) R.C.R. 848;
• Panna Lal Vs. Murlidhar, 1997 (2) Rent Control Reporter 249; • Dashrath Rao Kate Vs. Brij Mohan Srivastava, 2010 AIR (Supreme Court) 897;
• Suraj Mani & Anr. Vs. Kishori Lal, 1976 AIR (Himachal Pradesh)
74.
7. As far as principle of law mentioned in judgments referred by learned counsel for the judgment debtor-petitioner are concerned, there is no doubt about them. The purpose of interrogatories is to curtail evidence whereby expediting trial of suit saving time of Court and cost of litigation to the parties. It is also not in doubt that interrogatories have to be allowed in liberal manner if they have any nexus with the matters in question. The question in present case is as regards to applicability of principles laid down in cited judgments.
8. On consideration, I find that none of the interrogatories noticed above raised by petitioner has got any nexus to the matter in present execution. The issue whether landlord is entitled to eviction or not can only be raised either in rent petition or in appeal. As far as Executing Court is concerned, it is bound to execute the decree/judgment which is sought to be executed by the decree-holder. It cannot go beyond the decree and decide questions which ought to have been decided by the trial / appellate Court. Therefore, whether eviction petition is in accordance with Section 24(3) of Punjab Rent Act, 1995 or whether legal representatives are covered by scope of Section 24(3) of Punjab Rent Act, 1995 could only be decided either by Rent Controller or by the Appellate Court. The Executing Court cannot go beyond the decree and 4 of 6 ::: Downloaded on - 28-01-2026 00:03:59 ::: CR-621-2026 -5- therefore, cannot get into the issue whether the eviction order was passed in accordance with Section 24(3) of Punjab Rent Act, 1995. Therefore, no fault with the impugned order can be found. All the interrogatories noticed above in execution petition has got no relevance before the Executing Court. It is an effort on the part of JD to make fishing enquiry and delay execution. Therefore, there is no merit in present revision petition. Since interrogatories being sought have no nexus with adjudication of execution petition therefore none of the judgment cited by Ld. Counsel for petitioner-judgment debtor is of any help to the case of petitioner.
9. Faced with above, learned counsel for petitioner submits that his appeal is pending with learned First Appellate Court since 10.05.2023 and is not being decided despite the fact that execution proceedings are pending before the Executing Court and legal representatives of deceased-landlord are seeking eviction of petitioner under the judgment of eviction which is pending adjudication with the Appellate Court. Though, there is no merit in the present revision petition, however, petitioner shall be at liberty to approach learned Appellate Court, seek appropriate orders interim or final and I have got no doubt that learned Appellate Court shall not decide the plea of petitioner in a expeditious manner.
10. It is made clear in case, any application for interim injunction is moved or request for deciding appeal is made, the same shall be decided by learned Appellate Court within a period of 01 months after due notice to otherside in accordance with law. Learned Appellate Court shall be free to prepone the case if need be, after giving notice to other side. Revision petition 5 of 6 ::: Downloaded on - 28-01-2026 00:03:59 ::: CR-621-2026 -6- is without any merit, hence dismissed.
11. Petitioner shall be free to press for disposal of his appeal also.
12. Pending application(s) if any, stand disposed of.
(PARMOD GOYAL)
22.01.2026 JUDGE
Ravinder
Whether Speaking/Reasoned : Yes/No
Whether Reportable : Yes/No
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