NARESH KUMAR Vs. BABU RAM

JUDGEMENT

(1.) Petitioner(tenant)/Judgment Debtor is in revision under Article 227 of the Constitution against the order dated 14.11.2011(P-2) passed by learned Civil Judge(Jr. Divn.), Chandigarh whereby his application under Section 47 of CPC for restoration of possession of House No.3169, Sector 55, Palsora, U.T., Chandigarh has been dismissed.

(2.) In brief, facts of the case are that respondent(landlord) had filed an eviction petition under Section 13-A of the East Punjab Urban Rent Restriction Act,1949(hereinafter referred to as the 'Act') against the petitioner(tenant) for eviction from house no.3168, Sector 55, Palsora, Chandigarh which was allowed on 29.11.2006. Thereafter, during the pendency of the execution proceedings, the Bailiff delivered the possession of house which was in dispute. It is after the delivery of possession, that present application under Section 47 CPC was moved in the execution application by petitioner Naresh Kumar for restoration of possession of house no.3169 by stating that the Bailiff had wrongly delivered possession of house no.3169 on 21.4.2007, whereas he was to only deliver the possession of house no.3168 as per orders passed the court. In reply to the said application, it was stated by the decree holder/respondent that possession was delivered of the premises in view of the order passed by the Court and no objection was ever raised by the judgment debtor at the time of delivery of possession. It was further submitted that the claim regarding tenancy in respect of house no.3169 was never raised.

(3.) After hearing learned Counsel for the parties learned Executing Court vide impugned order dated 14.11.2011 dismissed the application of the petitioner(tenant) . Hence the present revision.