MANJEET SINGH Vs. CHITER LEKHA

JUDGEMENT

(1.) The instant revision petition has arisen against the impugned order rendered on 4th February, 2015 by the learned Civil Judge (Junior Division), Court No.2, Poanta Sahib, whereby, it dismissed the objections preferred during the pendency of the execution petition by the judgment debtor/petitioner herein.

(2.) In a civil suit for recovery of possession of the demised premises instituted by the decree holders/respondents against the petitioner herein/judgment debtor, the learned trial Court rendered a decree of possession in favour of the decree holders/respondents.

(3.) In aftermath, the view as had been taken by this Court while deciding RSA No.7 of 2013 on 19.06.2013, qua the amount, if any, purportedly deposited as rent and its constituting renewal and reinvention of tenancy qua the demised premises in favour of the petitioner ought to be construed as defrayment towards the liability of the petitioner herein towards use and occupation charges for the period he remained in unlawful possession of the demised premises since his tenancy had come to be terminated by the decrees of both the learned Courts below which stood affirmation uptill this Court, can also yet be readopted as tenably done by the learned executing Court, in construing any payment subsequent to the rendition of the judgment in RSA No.7 of 2013 constituting defrayment to the decree holders by the petitioner/judgment debtorof his enjoined liability towards use and occupation charges, as also appropriation towards the arrears of rent in which the petitioner herein had fallen.