AVTAR SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India praying for setting aside the impugned order dtd. 3/10/2024 (Annexure P-8) passed by the Civil Judge (Sr.Div.), Barnala, vide which the application filed by the petitioner for recalling of warrant of possession has been dismissed.

(2.) Learned counsel for the petitioner has submitted that in the present case, respondent no.l-Rajinder Singh had filed a suit for possession of the shop in question and the present petitioner was impleaded as defendant no.l and the original owner was impleaded as defendant no.2. It is submitted that the said suit was decreed vide judgment and decree dtd. 1/8/2018 and thereafter the owner i.e., respondent no.2 had filed an eviction petition against the present petitioner on the ground of non-payment of rent and in the said proceedings, the petitioner had paid an amount of Rs.2.00 lacs to respondent no.2 with respect to the arrears of rent on 11/2/2023 and accordingly, the said eviction petition was withdrawn. It is further submitted that since respondent no.2 was treating the petitioner to be a tenant, thus, the petitioner had withdrawn the appeal filed against the judgment and decree dtd. 1/8/2018. It is submitted that since as per the respondent no.2, the petitioner is presently the tenant, thus, the execution petition deserves to be rejected, however, the Executing Court vide order dtd. 3/10/2024 had dismissed the objections filed by the petitioner and had further issued warrants of possession.

(3.) This Court has heard the learned counsel for the petitioner and has perused the paper book and finds that the impugned order has been rightly passed and the same deserves to be upheld and the present petition is meritless and deserves to be dismissed for the reasons recorded hereinafter.