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Punjab-Haryana High Court

Ram Karan And Anr vs Amarjit & Anr on 14 November, 2014

Author: G.S.Sandhawalia

Bench: G.S.Sandhawalia

                        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                       CHANDIGARH

                                                                      C.R. No. 7452 of 2014
                                                                Date of decision: 14.11.2014

            Ram Karan and another                                              ....Petitioner(s)

                                                     Versus
            Amarjit and another                                               ...Respondent(s)

            CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

            Present:           Mr. Pawan Kumar Sharma, Advocate,
                               for the petitioners.

            G.S.SANDHAWALIA, J. (Oral)

Challenge in the present revision petition is to the order dated 12.08.2014 (Annexure P-7) whereby, the Rent Controller has dismissed the application under Order 1 Rule 10 CPC for being impleaded as necessary parties in the execution proceedings.

It is an admitted fact that one Amarjit Singh had filed an ejectment petition against Surinder Singh from plot measuring 10' x 10' situated in village Haripur, Sector 4, Panchkula. The ejectment order was passed on 14.12.2010. The execution was filed by Amarjit Singh on 07.12.2012 in which the present application has been filed and rejected on the ground that the applicants were not party to the rent petition and, therefore, the Executing Court is not to go behind the decree and the parties are at liberty to seek appropriate remedy before the appropriate forum.

Counsel for the petitioner has not been able to show any legal infirmity in the order passed apart from the bald averment that there is a dispute regarding title of the property in question. The reasons given by the Executing Court are well justified and do not warrant any interference in revisional jurisdiction and the present revision is accordingly dismissed. 14.11.2014 (G.S. SANDHAWALIA) shivani SHIVANI GUPTA JUDGE 2014.11.17 15:13 I attest to the accuracy and integrity of this document Chandigarh