JATINDER SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This is a petition preferred under Article 227 of the Constitution of India seeking setting aside the order dtd. 5/12/2022 (Annexure P-11) passed by the Executing Court, whereby opportunity to cross-examine the objector's witness, OW-1 Banwari Lal Ola, was treated as nil.

(2.) Shorn of unnecessary details, the facts giving rise to the present petition are that the petitioners are'landlord' and the proforma respondent Nos.2 and 3 are their'tenant'. The petitioners sought ejectment of their tenants from the demised premises on account of non-payment of arrears of rent. The terms and conditions of the lease agreement between the landlord and tenant was reduced into writing dtd. 5/9/2013, described as Memorandum of Understanding cum Lease Agreement. Before the Rent Controller, the tenant was stated to be in arrears of rent and in view of the law settled in Rakesh Wadhawan vs. M/s Jagdamba Industrial Corporation, 2002(1) RCR (Rent) 514, provisional rent was assessed to the tune of Rs.1,35,49,625.00. As the tenants failed to pay the provisional rent, order of eviction dtd. 10/5/2019 (Annexure P-2) was passed in favour of the petitionerlandlord and against the tenants.

(3.) Thereafter, the petitioners filed execution application seeking possession of the demised premises from respondent Nos.2 and 3. The said execution proceedings were resisted tooth and nail by the tenant-judgment debtors. The tenant-judgment debtors impugned the various orders passed by the Executing Court before this Court by way of CR-1938-2020, which petition was dismissed vide order dtd. 5/1/2021 (Annexure P-4). Respondent No.l-Bank filed objections in the said execution proceedings and has averred that the tenants had mortgaged the lease hold rights in the demised property in favour of the objector Bank. It was thus prayed in the objection petition that possession of part of the demised property obtained by the decree holder in the execution proceedings, be ordered to be delivered to the objector-Bank. The objections were hotly contested and the Executing Court, being of the opinion that the question of fact could only be determined by leading evidence, framed issues vide order dtd. 10/10/2022 (Annexure P-6).