RAVI SHANKAR Vs. SATPAL

JUDGEMENT

(1.) The present revision petition, filed by the petitioner-landlord, is under Sec. 15(6) of the Haryana Urban (Control of Rent & Eviction) Act, 1973, is directed against the order dated 07.12.2016, whereby the application for issuance of warrants of possession against the respondent-Satpal son of Dharambir, of the demised premises, have been kept in abeyance by the Rent Controller, Bhiwani.

(2.) The reasoning given by the Rent Controller is that the execution petition had been filed for compliance of the order dated 04.09.2015 whereby the said respondent was ordered to be evicted on the ground of non-payment of provisionally assessed rent on 29.07.2015. The said respondent had taken the plea that he was not the tenant and had not taken possession of the premises and that since relationship of petitioner-landlord and respondent No. 2-Satpal son of Maha Singh, was yet to be decided, in such circumstances, it was held that it was not practical to execute the warrants of possession.

(3.) Counsel for the petitioner has vehemently submitted that on account of the fact that provisional rent had not been tendered by respondent-Satpal, son of Dharambir, therefore, he was liable to be evicted, in view of the dicta of Rakesh Wadhawan & others Vs. Jagdamba Industrial Corporation & others, 2002 (1) RCR (Rent) 514 and the Division Bench judgment in Rajan @ Raj Kumar Vs. Rakesh Kumar, 2010 (2) PLR 201.