REWAT RAM Vs. ASHOK KUMAR

JUDGEMENT

(1.) The present petition is directed against the order of the Rent Controller, Joginder Nagar, dated 6.1.2009 whereby he rejected the execution petition filed by the Petitioner and proforma Respondents No. 5 to 7 (here-in-after referred to as the landlords).

(2.) The brief facts of the case are that the landlords filed a petition for ejectment of Respondents No. 2 to 4 here-in and Smt. Agyawati, who has since expired in the Court of the Rent Controller, Jogindernagar. The learned Rent Controller vide his order dated 22.3.1999 held that the tenants were liable to be evicted on the ground of non-payment of rent and the operative portion of the eviction order reads as follows-

(3.) It is obvious that the Rent Controller calculated the arrears of rent due only for the period from October, 1995 till 30.6.1997 when the petition was instituted and did not calculate the arrears of rent, if any, which fell due pending the disposal of the petition.