MAHESH KUMAR Vs. LOKESH BHANDARI

JUDGEMENT

(1.) The challenge in the present revision petition filed under Article 227 of the Constitution of India is to the order dated 07.03.2014 (Annexure P-3) whereby, the warrants of possession had been issued by the Rent Controller in execution and the subsequent orders dated 19.05.2014 (Annexures P-11 and P-12) wherein, the objections filed by the tenant for the stoppage of warrants of possession were dismissed and directions to provide police help to get possession were ordered. The reasoning which has been given by the Executing Court/Rent Controller is that a conditional order of eviction has been passed on 02.01.2014 and the arrears had to be deposited within a period of one month and there was violation of the terms and conditions since the amount had been deposited beyond the period of 30 days and the tenant had failed to approach the Court and warrants of possession had been issued and there is lack of bona fide.

(2.) Counsel for the petitioner has submitted that the orders are not sustainable keeping in view the fact that the demand draft was made and sent to the landlord, who happens to be an Advocate, and he refused to accept the same. The bonafides could not be doubted in any manner and the objections have been wrongly dismissed.

(3.) Counsel for the respondent, on the other hand, submitted that conditional order had been passed and, therefore, the impugned order was well justified.