TILAK RAJ Vs. DALBIR SINGH

JUDGEMENT

(1.) That the present civil revision petition has been filed for setting aside the order dated 28.02.2019 passed by the Additional Civil Judge (Sr. Divn.) Amritsar-cum-Executing Court.

(2.) Briefly the facts of the case are that the Rent Controller vide order dated 25.09.2015 allowed the ejectment petition so filed by the petitioner/landlord on the ground of bonafide personal necessity. Thereafter the appeal preferred by the respondent/tenant against the said ejectment order was dismissed by the Appellate Authority, Amritsar vide order dated 09.05.2016. Aggrieved against the aforesaid orders so passed, the respondent/tenant filed Civil Revision No.4223 of 2016 before this Court in which notice of motion was issued and the same was dismissed as well.

(3.) Since no stay was granted by this Court, petitioner/landlord filed execution petition before the Executing Court where the Judgment Debtor filed his objections. It was submitted that the present execution has been filed on the basis of ejectment order dated 25.09.2015 passed by the Rent Controller, Amritsar, regarding the property of the petitioner/DH- Tilak Raj situated at village Geheri Mandi, Tehsil and District Amritsar, and averred that the ejectment petition as well as the execution filed by the decree holder was not maintainable as the suit property was situated in the village and was not within the jurisdiction of Municipal Corporation, Amritsar. It was pleaded that the Rent Controller had no jurisdiction to pass an ejectment order and prayed for dismissal of the execution filed by the landlord. The petitioner/decree holder filed reply to the objections and took preliminary objection that the objection petition is not maintainable and further submitted that eviction had been upheld.