Punjab-Haryana High Court
Surjit Kaur And Ors vs Kulbhushan Rai Chopra on 9 December, 2010
Author: Hemant Gupta
Bench: Hemant Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No 7786 of 2010 (O&M)
Date of decision:- 9.12.2010
Surjit Kaur and ors ......petitioners
vs.
Kulbhushan Rai Chopra ......respondent
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA
Present: - Mr. J.S. Chahal, Advocate
for the petitioners
HEMANT GUPTA, J (ORAL)
The grievance of the petitioners is that the ejectment order passed on 22.5.2003 cannot be executed in execution filed on 8.6.2006 i.e. beyond three years. Reliance is placed upon a judgment of Supreme Court in 2000(1)SCC 114 Ajit Chopra vs. Sadhu Ram.
The arguments raised by learned counsel for the petitioners is not tenable. The aforesaid judgment deals with a case governed by the old Limitation Act, 1908. The period of execution as per Article 136 of the Limitation Act, 1963 is 12 years. The period starts when the decree or order become enforceable.
In view of the said fact, the execution filed on 8.6.2006 cannot be said to be barred by limitation. I do not find any merit in the present petition.
Dismissed.
(HEMANT GUPTA) JUDGE 9.12.2010 preeti