KAMLESH RANI Vs. JANESHWAR KUMAR

JUDGEMENT

(1.) The challenge herein at the hands of the petitioner- objector, is to the order dated 25.8.2009 vide which the learned District Judge, Ambala, rejected an appeal filed against the order dated 26.5.2009 of the learned Additional Civil Judge (Senior Division), Ambala Cantt.

(2.) The facts, apparent from the material obtaining on the file, may be indicated in the first instance for easy appreciation. Janeshwar Kumar filed a petition for ejectment of the tenant ( M/s Hira Lal Pawan Kumar sued through Suresh Kumar) from the tenanted premises. The plea was allowed by the learned Rent Controller, vide judgment dated 31.5.2008 and appeal filed against that order was dismissed by the learned Appellate Authority, vide judgment dated 30.1.2009. Suresh Kumar aforementioned having died during the pendency of the petition before the learned Rent Controller, his sons Arun Kumar and Puneet Kumar were brought on record and they contested the petition which, as already indicated, came to be allowed by the learned Rent Controller, vide judgment dated 31.5.2008. The first appeal having been rejected by the learned Appellate Authority, Arun Kumar and Puneet Kumar filed a revision petition which was also dismissed by this Court, vide judgment dated 27.3.2009. The special leave petition (bearing No.13896 of 2009) filed by aforementioned Suresh Kumar and Puneet Kumar was also rejected by the Apex Court, vide order dated 2.6.2009. That order is extracted hereunder:-

(3.) The tenanted premises not having been vacated by Arun Kumar and Puneet Kumar, the decree holder filed an execution application.