LAWS(P&H)-2005-2-159

DEVINDER SINGH PURI Vs. B.N. RAMPAL

Decided On February 17, 2005
DEVINDER SINGH PURI Appellant
V/S
B.N. Rampal Respondents

JUDGEMENT

(1.) The petitioner aggrieved against the order 24.1.2005 passed by the learned Executing Court whereby the objections filed by the petitioner to the execution of ejectment order passed by the learned Rent Controller and affirmed by the learned Appellate Authority as well as by this Court and Supreme Court were dismissed.

(2.) The respondent -landlord sought ejectment of the petitioner herein. The learned Rent Controller passed an order of ejectment on 19.2.1998. The appeal against such order was dismissed on 7.9.2000. Revision Petition No. 4295 of 2000 against that order was dismissed by this Court on 2.7.2004. Special Leave Petition filed against the order passed in revision petition was dismissed by the Supreme Court on 6.11.2004. The landlord sought execution of the ejectment order in which the petitioner submitted objections to the effect: -

(3.) The notification dated 7.11.2002 was relied upon by the petitioner in special Leave Petition before the Hon'ble Supreme Court (Refer to Para No. 57 of the grounds of Special Leave Petition filed before the Supreme Court). However, the said Special Leave Petition was dismissed. The petitioner has argued that operation of notification dated 7.11.2002 has been stayed by the Supreme Court in Special Leave Petition (Civil) No. 1804 of 2005 and, therefore, the applicability of the Rent Act is sub judice and, therefore, the petitioner cannot be ordered to be evicted in pursuance of the ejectment order passed under the Rent Act.