GURBAX SINGH Vs. KARAM CHAND

JUDGEMENT

(1.) The present revision petition has been filed by Gurbux Singh directed against the order passed by the learned Additional Civil Judge, (Senior Division), Jalandhar dated 14.12.1998. By virtue of the impugned order, the learned Trial Court allowed the application of the respondent. He directed restitution of possession. The petitioner was directed to put in possession Karam Chand, judgment debtor, in the suit premises.

(2.) The relevant facts are that respondent Karam Chand is a tenant in the property. An order of eviction had been passed in favour of the petitioner on 5.12.1997. In execution, possession was delivered to the petitioner on 14.11.1998.

(3.) Karam Chand filed an application under Section 144 read with Section 151 of the Code of Civil Procedure (for short "the Code") for restoration of possession. It was asserted that when the petitioner took possession, he made enquiry. He filed an application for setting aside of the ex parte eviction order. The petitioner influenced the local police and took possession. According to the respondent-tenant, he is dispossessed in pursuance of no order passed by the Court.