Punjab-Haryana High Court
Shan Alam vs Ajay Dureja And Another on 2 May, 2013
Author: A.N. Jindal
Bench: A.N. Jindal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
E.S.A. No. 19 of 2013 (O&M)
Date of decision: May 02, 2013
Shan Alam
.. Appellant
Vs.
Ajay Dureja and another
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. M.S. Sachdeva, Advocate for the appellant. A.N. Jindal, J
Assailed in this Execution Second Appeal, is the order dated 20.2.2013 passed by the first appellate court dismissing the appeal filed against the order dated 9.3.2012 passed by the trial court.
The appellant has failed to prima facie show if he was tenant of the judgment debtor or the decree holder. He even filed the suits claiming himself to be tenant, but failed in the same. Now by way of objection petition, he has set up the same claim, therefore, he cannot be attended to say so, such objections appear to be frivolous just to defy the execution of the valid ejectment order passed in favour of the respondent.
As regards the judgments passed in the cases of Tanzeem-e- Sufia vs. Bibi Haliman & Ors. 2002 (3) CCC 391 (SC),Subhash Chander & Anr. vs. Smt. Phoolwati & Ors. 2009 (4) CCC 151 (P&H) and Bhagwan Bai vs. Chiranji Lal and another 2009 (5) RCR (Civil) 787, are concerned, the same are on their own facts and circumstances and are not applicable to the facts of the present case.
No grounds to interfere.
Dismissed.
May 02, 2013 (A.N. Jindal) deepak Judge