Punjab-Haryana High Court
Jagmohan Singh vs Naresh Kumar & Others on 5 February, 2013
Author: Rajan Gupta
Bench: Rajan Gupta
CR No.825 of 2013 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
Civil Revision No.825 of 2013 (O&M)
Date of decision: 5.2.2013
Jagmohan Singh ...Petitioner
Versus
Naresh Kumar & others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Ramesh Sharma, Advocate for the petitioner.
Rajan Gupta, J.
Present revision petition is directed against the order passed by the appellate court at Kapurthala whereby he has reversed the findings of the executing court accepting objections of objector Jagmohan Singh.
Brief factual background of the case is that an eviction petition was preferred by Ravi Kanta and her sons. Original tenant Satwant Singh having died, tenancy devolved on his widow and son. Respondents, however, denied relationship of landlord and tenant. Rent Controller accepted the plea of the landlords on the ground of non- payment of rent and directed them to vacate the premises. Tenants remained unsuccessful in appeal. Thereafter, execution was filed for getting possession of the premises. During pendency of proceedings, several objections were raised by objectors. Objections petition filed by Jagmohan Singh (petitioner herein) were accepted by the executing court and it dismissed the execution petition. Appeal was preferred before the appellate authority. It has come to the conclusion that order of Rent CR No.825 of 2013 2 Controller was unsustainable. It observed that execution pertains to the year 2001 and matter had lingered on for considerable period.
Learned counsel for the petitioner has not been able to point out any legal infirmity with the order passed by the appellate authority. In my considered view, court below has rightly dismissed the objections petition preferred by petitioner Jagmohan Singh. I, thus, find no merit in this revision petition. Same is hereby dismissed. The executing court shall ensure that decree, whereby tenants were ordered to be evicted, is executed at the earliest without any further delay.
(RAJAN GUPTA) JUDGE 5.2.2013 'rajpal'