B R GUPTA Vs. VIKAS KUMAR

JUDGEMENT

(1.) THIS revision petition is directed against order dated 25. 7. 1996 of the executing Court whereby application filed by the petitioner to execute the ejectment order passed by the Rent Controller has been ordered to be consigned to record-room sine-die.

(2.) IN brief, the facts are that Shop-cum-flat No. 7, Sector 22-D, Chandigarh, is owned by petitioner and one Kaushal Kumar, petitioner is owner to the extent of 3/4th share, whereas Kaushal Kumar is owner of 1/4th. Petitioner let out a portion of the premises to Vikas Kumar (respondent herein) who also happens to be son of Kaushal Kumar, other co-owner. Since respondent made a default in payment of rent, petitioner filed an ejectment application on 30. 11. 93 against the respondent on the ground of non-payment of rent. Application was resisted by the respondent and finally on 25. 3. 1995 the Rent Controller passed an order of ejectment against the respondent. The operative part of the order reads as under:

(3.) AFTER hearing the learned counsel for the parties at some length, I am of the view that the order of the executing Court is not sustainable and is to be set aside and the revision petition filed by the petitioner deserves to be allowed.