MAHESH KUMAR Vs. JAISHI RAM GOYAL

JUDGEMENT

(1.) Mahesh Kumar who is legal representative of his deceased father Jagan Nath judgment debtor has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 11.4.2009 passed by the executing court i.e. Additional Civil Judge (Senior Division), Bahadurgarh thereby dismissing objections filed by the Petitioner in execution petition instituted by Respondent - decree holder Jaishi Ram Goyal.

(2.) Petitioner's father Jagan Nath was tenant in the disputed property under the Respondent - decree holder. Rent Controller vide order dated 29.1.1992 passed in ejectment petition filed by the Respondent against Petitioner's father ordered ejectment of the Petitioner's father from the demised premises. Appeal preferred against the ejectment order by the Petitioner's father was dismissed by appellate authority vide judgment dated 18.10.1993. Civil revision No. 3815 of 1993 preferred by the Petitioner's father in this Court was dismissed in limine by this Court vide order dated 30.11.1993. Petitioner's father has since died and Petitioner is his legal representative.

(3.) Respondent-decree holder filed execution petition in the year 2003 for execution of the ejectment order. Petitioner preferred objections in the execution petition alleging that after Petitioner's father lost in appeal against ejectment order, he vacated the demised premises and thereafter the Respondent by way of oral tenancy let out the said property to the Petitioner with effect from 1.1.1994 on rent of 500/- per month and since then Petitioner is residing there with his family and therefore, in view of fresh tenancy in his favour, he cannot be ejected from the demised premises in execution of the ejectment order passed against his father.