ROSHAN LAL Vs. PREM NATH JANGRA AND OTHERS

JUDGEMENT

(1.) The petitioner is the objector, who has filed objections to the execution to the ejectment order passed against one Narsi Ram in an ejectment petition filed by Durga Dass.

(2.) Durga Dass has sought eviction of Narsi Ram by filing the ejectment petition in the year 1997. The same was allowed by the learned Rent Controller on 27.11.2001. An appeal against the said order was dismissed by the learned appellate authority, Nawanshahr on 10.2.2003.

(3.) The execution of the said ejectment order was sought on 18.7.2003. During the pendency of the said execution application, the petitioner alleged that Durga Dass entered into fresh tenancy agreement with the petitioner on 21.12.2003 and that he is in possession of the suit property since then. Durga Dass has died on 1.1.2004. Earlier the petitioner filed objections under Order 21 Rule 58 of the Code of Civil Procedure, which were dismissed by the learned trial Court on 23.11.2004 In the said objections, the objector has alleged the compromise and the agreement dated 21.12.2003. It was found that when the alleged agreement was got executed by the objector, Durga Dass could have come to the Court and moved an application for withdrawal of the present application. It was further found that there is no witness to the agreement vide which possession was delivered to the objector. It was also found that, that objector has not produced any other document, prima-facie, to support the contention that he is in possession of the suit property since 21.12.2003. Neither any electricity bill, ration card or any other document, has been produced to prove his case. The revision petition filed by the petitioner against the said order was dismissed by this Court on 19.8.2005.