STATE BANK OF INDIA Vs. RAJBIR SINGH RAI

JUDGEMENT

(1.) Through this revision under Article 227 of the Constitution of India, Bank has laid challenge to order dated 08.05.2019 (Annexure P-13) of the executing Court, whereby its application under Order 26 Rule 10(3) read with Section 151 of the Code of Civil Procedure for cross-examination of the local commissioner was dismissed.

(2.) Briefly, respondents filed ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act for eviction of petitioner- bank from SCO Nos.1 to 3, Sector 17-B, Chandigarh. During its pendency, compromise Ex.C2 was arrived at between petitioner-bank and respondents- landlord, whereby, petitioner agreed to pay rent @ Rs.18/- per sq. feet from 2006 to 2011 and Rs.55/- per sq. feet w.e.f. 2011 to 2016. Abovesaid SCO No.1 to 3 shall finally be vacated at the end of October, 2016.

(3.) The Rent Controller pursuant to the said agreement entered into between the parties in a meeting held on 22.06.2016, disposed of the eviction petition vide order dated 19.08.2016 granting time to the petitioner- bank to vacate the demised premises by 31.10.2016 observing that in case, 1 of 4 CR-5337 of 2019 (O&M) the petitioner would not abide by the compromise Ex.C2, in that eventuality, respondents shall have a right to obtain possession of the demised premises by filing execution petition.