AMRITSAR HEALTH AND HOSPITALITY SERVICES Vs. JATINDER SINGH

JUDGEMENT

(1.) Through this revision petition filed under Article 227 of the Constitution of India, the judgment debtor prays for setting aside orders dated 11.2.2020, 13.2.2020 and 5.3.2020 passed by the Executing Court, Amritsar.

(2.) It is not in dispute that the petitioner took on lease a premises from the respondents herein as per lease deed dated 5.9.2013. The lease was with respect to vacant land with existing building constructed thereon. However, the lessee was permitted to construct further, in order to run a hospital. As per the lease deed the tenant was made liable to pay Rs.4,76,056/- per month as rent. The landlords filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, seeking eviction of the lessees from the tenanted premises. It was specifically pleaded that the landlords were already running a resort/marriage palace from the premises before giving it on lease. The eviction was sought from the tenanted premises including land with building constructed thereon. An order of eviction of the tenant was passed by the Rent Controller on 10.5.2019. An appeal against the same is pending however, no interim protection has been granted. As per the order passed, the tenants have failed to pay the rent which has been assessed as Rs. 1,35,49,625/-.

(3.) In the execution petition, warrants of possession were issued and possession of the tenanted premises has been taken over by the landlord. The tenant filed an application for recall which has been dismissed vide order dated 5.3.2020.