RUKMAN KANWAR Vs. KRISHAN CHAND AGGARWAL

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India is challenge to the orders dated 14.03.2014 [Annexure P/1] passed by Additional District Judge, Ambala; dated 17.11.2011 [Annexure P/2] passed by Civil Judge [Senior Division], Ambala whereby application of the petitioner for setting-aside ex-parte order dated 23.05.2008 and ex-parte judgment and decree dated 03.06.2010 as well as objections of the petitioner were dismissed.

(2.) Relevant facts for the purpose of decision of this petition; that plaintiff Krishan Chand Aggarwal filed a suit for decree for possession by way of ejectment of defendants Umed Singh and Bano Devi from the shop/house in dispute and for recovery of Rs. 7,600/- as arrears of rent.

(3.) Defendants contested the suit and filed joint written statement inter alia taking the plea that the disputed premises was taken on rent from Naurati Devi wife of Kanshi Ram Aggarwal in the year 1976 and paid rent to her regularly upto the month of November, 1991. Defendants paid a sum of Rs.35,000/- in the presence of respectable. The plaintiff was never the landlord/owner of the premises in dispute. He has no concern with the property. The defendants are owners of the property in dispute and the notice under Section 106 of Transfer of Property Act, 1882 is illegal and not binding on the rights of the defendants.