PARMINDER SINGH SANDHU Vs. MANINDER SINGH

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India has been filed by the petitioner -Parminder Singh Sandhu against the impugned order dated 07.02.2015 (Annexure P -3) passed by the Court of learned Civil Judge (Junior Division) SAS Nagar, Mohali vide which notice has been issued to the respondent/JD in respect of booth No.124, Phase X, SAS Nagar, Mohali in execution application No.11/2015 titled as Parminder Singh Sandhu vs. Maninder Singh instead of the warrants of possession. This order is stated to be erroneous, without any cogent reason, perverse as well as against the provisions of Order 21 Rule 22 of the CPC. Prayer has been made to set aside the impugned order and to direct the Executing Court to issue warrant of possession qua abovesaid booth.

(2.) BRIEF background of this revision petition is that the present petitioner filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short "the Act") against the respondent for his ejectment from the demised booth on the ground of non -payment of rent and sub -letting. Tenant -respondent was served and appeared. He also filed written statement.

(3.) THEREAFTER the learned Rent Controller made provisional assessment of rent vide order dated 27.10.2014 and came to the conclusion that total arrears of rent on the basis of provisional assessment was Rs. 4,92,840/ - qua the period 01.08.2013 to 31.10.2014 including the interest amount and cost of litigation. Tenant was directed to pay this amount on 28.11.2014. On this date he defaulted to make the payment and as such the learned Rent Controller while following the ratio of case law titled as Rakesh Wadhawan and others vs. M/s Jagdamba Industrial Corporation and others, 2003 2 CivCC 361, ordered ejectment of the tenant from the demised premises and directed him to handover the vacant possession of demised premises by 15.01.2015 to the landlord.