MANI NANDWANI Vs. M.R. SHARMA AND OTHERS

JUDGEMENT

(1.) The present order shall dispose off two revision petitions i.e Civil Revision Nos. 2834 and 2835 of 2015, since vide a common order dated 22.04.2015, the Rent Controller/Executing Court, Chandigarh declined the application for extension of time for depositing the rent and vacated the stay against the warrant of possession which had been granted on an earlier occasion on 16.03.2015 (Annexure P-11), while dismissing the objections. The facts are being taken from Civil Revision No. 2834 of 2015 'Mani Nandwani v. M.R. Sharma and others'.

(2.) Directions were issued that fresh warrant of possession be issued against the judgment debtor for 25.05.2015. Resultantly, there is no specific mention that the objections filed also were disposed of.

(3.) The reasoning given by the Rent Controller in the impugned order was that the petitioner-tenant was at liberty to prove the same during the respondent evidence and pray to the Court while passing the final order in the subsequent rent petition whether he had paid the rent upto March, 2014. The said issue was thus to be decided by the Rent Controller, wherein the second petition was pending. It was further held that, the tenant had waived his right to apprise the Court regarding the payment of rent in the subsequent rent petition and if he wanted to raise the issue regarding the payment of rent, it was to be done before the expiry of the 60 days and, therefore, no grace period could be granted to him.