SUKHBIR SINGH Vs. USHA RANI

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner -tenant against the order dated 13.5.2015 passed by the learned Civil Judge (Jr.Divn.), Jalandhar vide which he refused to stay the execution proceedings arising out of ejectment order dated 8.5.2013 passed by the learned Rent Controller in respect of the shop forming part of House No.249, Adarsh Nagar, Jalandhar.

(2.) THE facts in brief are that the respondents herein (landlord) filed a petition under Section 13 of East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act' ) for the ejectment of the petitioner herein (tenant) from the demised premises on the ground of arrears of rent and personal necessity which was accepted by the learned Rent Controller, Jalandhar vide order dated 8.5.2013.

(3.) THE tenant preferred an appeal against this order before the learned Appellate Authority, Jalandhar which is stated to be pending. During the pendency of the appeal, the landlord filed an execution petition before the Executing Court for the execution of the above -said order dated 8.5.2013 in which warrants of possession are ordered to be issued as submitted by the counsel for the petitioner herein. Then the tenant (petitioner herein) filed an application under Order 21 Rule 26 read with Section 151 CPC for staying the execution proceedings, which was declined by the learned Executing Court vide impugned order dated 13.5.2015.