JYOTI Vs. DHARAMVIR

JUDGEMENT

(1.) Briefly stated, the facts of the case are that petitioner/landlord Dharamvir alias Bittu Gandhri, a resident of Gali No.12, Rattan Nagar, Jalandhar had filed a petition under Sec. 13 of Act III of 1949 the East Punjab Urban Rent Restriction Act, 1949 against respondent/tenant Bhawna daughter of Ashok Kumar, resident of Gali No.12, Rattan Nagar, Jalandhar.

(2.) After contest, that rent petition was accepted by Rent Controller, Jalandhar vide order dtd. 30/11/2021 and the respondent was ordered to be ejected from the demised premises and two months time was given to respondent/tenant Bhawna to hand over the vacant possession of the demised premises to the petitioner, failing which, the petitioner could get the possession through process of law. Since Bhawna did not hand over the possession, the petitioner/landlord filed an execution application before Rent Controller, Jalandhar.

(3.) During the course of execution proceedings, one Jyoti daughter of Ram Parvesh, resident of Street No.12, Rattan Nagar, Jalandhar filed objections contending that she is owner of the property in question, which falls within red line and no record with regard to the ownership is available; the petitioner had obtained the order in his favour in collusion with respondent when both of them have got nothing to do with the property in question. According to the objector, she is an Artist and has to remain out of station in connection with work, whereas parties to the execution proceedings are related with each other having evil eye on the property belonging to the objector; the ejectment order passed is illegal, null and void and is required to be recalled.