ROHIT MADAN Vs. NARINDER KUMAR

JUDGEMENT

(1.) By way of objections filed under Section 47 of the Code of Civil Procedure (for short 'CPC'), a prayer has been made on behalf of Objector-Judgment Debtor-Original Petitioner Mr.Narinder Kumar (hereinafter referred to as 'JD') for dismissal of Execution Petition No.2 of 2018, having been filed by the Non- Objector-Decree Holder-Original respondent No.1, Mr.Rohit Madan (hereinafter referred to as 'DH') seeking therein execution of judgment dated 03.08.2018, passed by this Court in Civil Revision No.125 of 2016, whereby this Court, while holding JD to be Whether the reporters of Local Papers may be allowed to see the judgement? trespasser, directed him to deposit a sum of Rs.52,500/- as mesne profits w.e.f. 30.06.2011.

(2.) The execution/implementation of judgment sought to be executed in the instant proceedings is objected to by the JD on the following grounds:-

(3.) Before determining the correctness and genuineness of the aforesaid grounds raised by the JD to the execution of judgment sought to be executed in the instant proceedings, this Court, with a view to have bird's eye view, deems it necessary to take note of certain undisputed facts, which have led to filing of instant execution petition. In the year 1997, DH gave shop No.2, Ground Floor, Long Acre Estate, The Ridge, Shimla, (hereinafter referred to as the 'demised premises') on rent to Dr.Kailash Kumar Kashyap for commercial purposes. In the year 2006, Rohit Madan (hereinafter referred to as the 'landlord-successor of original landlord Shri Narinder Nath Madan), filed a petition for ejectment of the aforesaid tenant on the ground of carrying out additions and alterations in the demised premises without concurrence of landlord. Eviction petition, referred hereinabove, came to be allowed vide order dated 30.06.2011, passed by the Rent Controller-I, Shimla in Rent Application No.8-2 of 2006, titled as Rohit Madan vs. Dr.Kailash Kumar Kashyuap. Being aggrieved and dissatisfied with the aforesaid ejectment order passed by the Rent Controller, tenant, as named hereinabove, filed an appeal before the Appellate Authority i.e. District Judge, Shimla, who vide order dated 27.07.2013, passed in Rent Appeal No.59-S/14 of 2011, titled as Dr.Kailash Kumar Kashyuap vs. Rohit Madan, dismissed the same, as a consequence of which, order of eviction dated 30.06.2011, passed by the Rent Controller-I, Shimla, H.P. came to be upheld.