BHAG SINGH Vs. PURAN CHAND ARORA

JUDGEMENT

(1.) BY way of instant revision petition, the petitioner has sought quashing of order dated 11.11.2009 (Annexure P -4) to the extent of condition imposed by the Executing Court upon him to clear the arrears of rent pending against him during the pendency of the execution proceedings, order dated 28.09.2010 (Annexure P -5) vide which provisional rent at the rate of Rs.2500 p.m. has allegedly been assessed during the pendency of execution proceedings, order dated 23.10.2010 (Annexure P -6) issuing warrants of possession of the demised premises without taking any decision upon the application of the petitioner for setting aside the ex parte decree dated 22.05.2009 and order dated 15.06.2011 (Annexure P -10) vide which the application for modification of the aforesaid orders has been dismissed illegally.

(2.) BRIEFLY stated the respondent filed an eviction petition against the petitioner seeking his eviction from the demised premises by alleging that the petitioner was inducted as a tenant at a monthly rent of Rs.3000/ - p.m. from May, 2006 and was in arrears of rent. Petitioner denied the relationship of landlord and tenant. The Rent Controller passed the following order on March 23, 2009: "Present: Counsel for the parties. Arguments on assessment of provisional rent heard. Perusal of pleadings of respondent, in his written statement in para No.2 reveals that there is no relationship of landlord and tenant between the parties. This particular plea of the respondent clearly show that relations of landlord and tenant are denied by respondent as same are not admitted. In these circumstances, at this stage, provisional rent cannot be assessed. Now, to come upon 21.4.2009, the date already fixed for evidence of the petitioner".

(3.) THE petitioner was proceeded against ex parte vide order dated 21.04.2009. The Rent Controller passed an ex parte decree of eviction against him on 22.05.2009.