STATE OF HARYANA Vs. JASMOHINDER SINGH

JUDGEMENT

(1.) Tenant has filed the present revision petition assailing two orders dated 18.3.2010 (Annexures P-3 and P-4) whereby the Executing Court dismissed the objections filed by the judgment-debtor/tenant and issued warrant of possession.

(2.) In brief, the demised premises is a house in Sector 18, Chandigarh, which was let out to the tenant/State of Haryana for residential accommodation of the Minister on 1.10.1987. The landlord Jasmohinder Singh filed Rent Application No. 100 dated 30.9.1999 against the tenant/petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') on the twin grounds of non-payment of rent w.e.f. 31.51988 and change of user. The tenant was duly served with summons on 6.10.2000, who did not appear and as such they were proceeded against ex parte and after recording the ex parte evidence of the landlord, the Rent Controller vide its order dated 12.2.2001 allowed the eviction petition. The landlord then filed Execution Application No. 15 of 4.4.2002 in which the tenant filed objections. On the pleadings of the parties, issues were framed to the following effect :-

(3.) Whether the application is not maintainable ? OPR