Punjab-Haryana High Court
S.Tarlochan Singh vs Sheela Rani And Others on 8 January, 2014
Author: Sabina
Bench: Sabina
In the High Court of Punjab and Haryana at Chandigarh
109 Civil Revision No. 7951 of 2013
Date of decision: 8 .1.2014
S.Tarlochan Singh
......petitioner
Versus
Sheela Rani and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.D.S.Pheruman, Advocate
for the petitioner.
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SABINA, J.
This petition has been filed challenging order dated 27.11.2013 passed by the trial Court, whereby, application moved by the petitioner to stay the execution proceedings with regard to ejectment order passed by the Rent Controller was dismissed.
Learned counsel for the petitioner has submitted that the petitioner was in possession of the property in question. Petitioner was not made party to the ejectment proceedings. Hence, the application to stay the execution proceedings was liable to be allowed.
Sheela Rani-respondent No.1 had filed ejectment petition against respondent No.3 Malkiat Singh, who is none other than the son of the petitioner. The ejectment petition filed by Sheela Rani was allowed in ex parte. During the pendency of the execution proceedings, petitioner filed an objection petition. The trial Court, Civil Revision No. 7951 of 2013 -2- vide impugned order dated 27.11.2013, declined to stay the execution proceedings on the ground that the tenant had failed to pay the rent due within the stipulated period. Rather till date rent had not been paid in terms of the order of the court and the execution proceedings could not be stayed. The Appellate Court had set aside the ex parte ejectment order subject to payment of costs but the said costs had not been deposited by the tenant. In these circumstances, the executing court had rightly dismissed the application moved by the petitioner for staying the execution proceedings. No ground for interference by this Court is made out.
Dismissed.
(SABINA) JUDGE January 8, 2014 anita