SANDEEP SINGH Vs. VIJAY KUMAR

JUDGEMENT

(1.) The present petition is directed against the order dated 01.04.2019 passed by the Civil Judge (Junior Division), Gurdaspur (for short - the Executing Court) dismissing the application filed by the petitioner for setting aside the ex-parte proceedings against him.

(2.) The facts, in brief, which would be required to be noticed for adjudicating upon the present petition, are that the petitioner was a tenant in a shop, of which the respondent was the landlord. Such shop was rented out to the petitioner for running a laboratory at a monthly rent of Rs. 13,000/-. In the year 2013, a petition was preferred by the respondent seeking therein the petitioner 's eviction on the ground of non-payment of rent as also for the reason that the petitioner had caused harassment to the respondent as he had registered a false and frivolous FIR against the respondent and his son with the sole object of grabbing the tenanted premises. In the respondent 's eviction petition, The Rent Controller, Gurdaspur assessed the provisional rent but since the petitioner failed to pay the same, the Rent Controller, Gurdaspur, through order dated 27.11.2015, ordered the petitioner 's eviction. Against such eviction order, the petitioner filed an appeal which was dismissed by the Appellate Authority, Gurdaspur on 19.04.2017. The petitioner then knocked the doors of this Court through C.R. No. 3872 of 2017 - Sandeep Singh v. Vijay Kumar, which was not pressed on merits. Learned counsel appearing on behalf of the petitioner prayed that the petitioner be granted some reasonable time to vacate the tenanted premises, which this Court was inclined to grant, of course, subject to payment of arrears of rent as also future rent for the period he occupied the tenanted premises. When this offer was put to the petitioner, who was present in the Court, he submitted that he was not in a position to pay the arrears of rent as also future rent and therefore, his petition was dismissed. Thereafter, the respondent filed an execution petition before the Executing Court, in which the petitioner was served but since he failed to appear before the Executing Court, he was proceeded against ex-parte. Thereafter, he filed an application seeking to set aside the ex-parte proceedings which has been dismissed through the order challenged in the present revision petition.

(3.) Learned counsel for the petitioner has been heard.