SANJHI RAM Vs. AJIT SINGH

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dated 8.10.2005 passed by the executing Court striking off the defence of Judgment debtor as well as to the order dated 1.4.2006 vide which application filed under Section 151 CPC for revising the order dated 8.10.2005 was declined.

(2.) The petitioner-judgment debtor Sanjhi Ram was ordered to be ejected by the Rent Controller in an application moved under Section 13 of the East Punjab Urban Rent Restriction Act. The appeal was also dismissed by the Appellate Authority so was the revision by this Court.

(3.) As in pursuance to the order passed by the Rent Controller as confirmed upto re-visional Court, the petitioner failed to hand over the possession, an execution application was filed wherein after availing some opportunity, the objections were not filed. It is the case of the petitioner that on 8.10.2005, the learned Counsel for the petitioner pleaded no instructions. In view of the said statement, the learned executing Court passed the following order: Reply/objection has not been filed by the JDs rather learned Counsel for the JDs have no instructions from the JDs. Meaning thereby JDs are not interested to pursue the present execution application. Therefore, defence of the JDs qua this execution application is hereby struck of. Warrant of possession of the demised premises as mentioned in the decree be issued on filing of fresh PF, LIST of property and certified copy of the decree alongwith warrant fee for 3.12.2005.