GURMEET SINGH Vs. AMRIT PAL KAUR DEOL

JUDGEMENT

(1.) PETITIONER has invoked the jurisdiction of this Court under Article 227 of the Constitution of India seeking to set aside the order dated 04.11.2014 passed by the Executing Court. Respondent filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act"), seeking eviction of the petitioner from the shop in question on the grounds inter alia; (i) that the petitioner is in arrears of rent @ Rs. 125/ - per month w.e.f. May, 2010; and (ii) that the demised premisses has become unfit and unsafe for human habitation.

(2.) THE ground of premises having become unfit or unsafe for human habitation was not proved. Learned Rent Controller in the judgment dated 12.07.2013 (Annexure P -1) held that the petitioner -tenant has not paid the rent since June, 2010 upto the decision of the eviction petition and on the basis of aforesaid finding, learned Rent Controller partly allowed the eviction petition qua the relief of arrears of rent with costs. It was further directed that the petitioner would pay the arrears of rent within two months from the date of the order passed by learned Rent Controller and failing to deposit the aforesaid amount, the petitioner would be liable to be evicted from the demised premises. This order of the learned Rent Controller was not challenged further and the same, thus, attained finality.

(3.) AFORESAID period of two months expired by about 12.09.2013. As per memo of costs attached with the judgment of the learned Rent Controller, the cost of the petition was assessed @ Rs. 640/ -. Thereafter, the decree -holder filed execution of the order of the learned Rent Controller upon which warrants of possession were issued but the petitioner informed the Executing Court that the amount of Rs. 5000/ - was deposited on 03.09.2013 towards arrears of rent and it was stated that the petitioner -JD had complied with the order of the learned Rent Controller regarding deposit of the arrears of rent within two months. Thereafter, the petitioner filed an application for modification of the order dated 12.07.2013, which was dismissed by the learned Rent Controller vide impugned order dated 04.11.2014 and the petitioner has filed the instant petition aggrieved by the aforesaid order.