V.K. JAIN Vs. SH. RAM NATH SHARMA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 20th March, 1987 passed by the learned Senior Subordinate Judge, Chandigarh in execution of an order of ejectment passed against the petitioner and in favour of respondent Nos. 1 and 2. It has refused to stay execution proceedings.

(2.) THE facts in brief are that the property in dispute St. Nos. 13-14, Sector 19-C, Chandigarh is owned by the petitioner. He mortgaged the same with respondent Nos. 1 and 2. Simultaneously the respondents let out the same to the petitioner. He thus continued in possession of the property as a tenant under them. The respondents filed an application for ejectment of the petitioner under section 13 of the East Punjab Urban Rent Restriction Act, 1949 as applicable to Chandigarh on the ground of non-payment of rent by the petitioner. An order of ejectment against the petitioner was passed by the Rent Controller on its basis. It is this order of ejectment which is being executed by the Court below.

(3.) IT was on the strength of the events, which have taken place in the suit for redemption filed by the petitioner and the ultimate decree passed therein and the deposit of the amount by the petitioner, that he contended before the executing Court that the mortgage stands redeemed and he is the absolute owner of the property in dispute without encumbrance and the relationship of landlord and tenant between the respondent and the petitioner has ceased to exist. This prayer has, however, been disallowed with the observation that if the petitioner so wants, he should approach this Court for staying execution of the order of ejectment, as the revision petition against the order of ejectment is pending in this Court.