RAGHUBIR GOEL Vs. SUSHIL KUMAR

JUDGEMENT

(1.) Petitioner(Tenant)/Judgment Debtor is in revision under Section 15(6) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 against the order dated 26.09.2012 passed by learned Rent Controller, Jagadhari whereby his objections have been dismissed. In brief, facts of the case are that decree holder/respondent had filed an ejectment petition against the petitioner(tenant)/JD seeking his ejectment in which the petitioner(tenant) was proceeded ex-parte vide order dated 18.03.2009. Thereafter, during the execution proceedings summons were sent to the petitioner(tenant) and was asked to be present on 29.01.2010 in the execution application, when the present application was moved whereby objections have been filed to the effect that he was never served notice in the main eviction petition and further stated that he has also filed an application for setting aside ex-parte order before the competent court and thus the execution cannot proceed further.

(2.) Upon notice, decree holder/respondent filed a reply whereby it was stated that the petitioner(tenant) was in fact proceeded ex-parte way back on 4.4.2006 and it was after a long time that the eviction order was passed against the present petitioner and, therefore, it is not believable that the petitioner was not in knowledge of the proceedings of the present application and as a matter of fact it is a tactic to delay the matter.

(3.) After hearing learned Counsel for the parties, learned Executing Court vide impugned order dated 26.09.2012 dismissed the application. Hence the present revision.