KARAM CHAND Vs. DHARM CHAND

JUDGEMENT

(1.) A few skeletel facts to unfold the dispute between the parties are required to be noticed:

(2.) Parties to the lis were real brothers. Dharam Chand (since deceased) filed an application for eviction against his brothers, Kishan Chand and Karam Chand (since deceased) in the Court of learned Rent Controller, Nawanshahr under Section 13 of the East Punjab Rent Restriction Act,1949 (hereafter referred as 'the Act'), on the ground of nonpayment of rent and also for materially diminishing the value and suitility of the demised premises.

(3.) Learned Rent Controller, Nawanshahr vide his order dated 8.11.1988 allowed the ejectment petition and directed that Dharam Chand (since deceased) be put in vacant possession of the shop in dispute by 30.1.1989. Thereafter, said Dharam Chand filed an execution application on 06.8.1997. However, in the month of June/July,1998, Dharam Chand died whereas Karam Chand died prior to him. Legal representatives of Dharam Chand were brought on record, whereas legal representative of Karam Chand were not brought on record. The petitioner Vijay Kumar is the son of Karam Chand (since deceased) who allegedly came to know about the execution application on 25.3.2003 when warrant of possession was served upon him. He then filed objections against the order of warrant of possession on the ground that the execution is not maintainable against a dead person and that a civil suit involving the question of title on the basis of a Will alleged to have been executed by Jamuna Devi (sister of the parties to the lis) in favour of Karam Chand regarding the property in dispute is also pending. He raised objection that the excecution application is not maintainable being not within limitation as according to him, the limitation was three years in such like cases as per Article 137 of of the Limitation Act,1963 (for short Act of 1963) and since the execution application is admittedly filed on 06.8.1997 in respect of the ejectment order dated 8.11.1988, therefore, the same was barred by limitation. However, the learned Civil Judge (Senior Division), Nawanshahr, dismissed the objections vide her order dated 27.3.2006. Hence, the present revision petition has been filed.