LACHHMAN SARUP Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India has been filed by the petitioners -Lachhman Sarup and other for setting aside impugned order dated 05.05.2014 (Annexure P -11) passed by learned Civil Judge (Junior Division), Faridabad vide which the application filed by the petitioners under Section 340 Cr.P.C. and for proper verification of the address of the respondent has been dismissed. This order is stated to be erroneous suffering from various material irregularity and illegalities and hence not sustainable in the eyes of law.

(2.) THE brief background which necessitated for filing of the instant application under Section 340 Cr.P.C. is that Anil Kumar -respondent herein filed an application (Annexure P -2) under Section 6 of Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short "the Act") for depositing of rent. In this application, he took the plea that he is tenant in the demised premises whereas respondents are the landlord and that he is ready to pay the arrears of rent at the rate of Rs. 600/ - per month of certain period. Respondents -Harish Chand and others (who are petitioners in this revision petition) filed reply to this application taking preliminary objections regarding its maintainability and concealment of material facts on the part of applicant -Anil Kumar. Plea was also taken that property in question was mortgaged vide mortgage deed dated 07.02.1986. It was denied that applicant is the tenant and that respondents are the landlord of the demised premises. Then it was also contended that matter in this regard is subjudice before the Hon'ble High Court of Punjab and Haryana at Chandigarh.

(3.) AFTER contest by both the parties, this application was allowed by the Court of learned Rent Controller, Faridabad vide order dated 07.08.2010 (Annexure P -4). Then the respondents filed an appeal against this order before the learned Appellate Authority, Faridabad which was dismissed vide judgment dated 12.10.2011 (Annexure P -5). Then even a civil revision was also filed in this regard before this Court which was also dismissed and disposed of vide order dated 06.02.2013 (Annexure P -6).