RAMESH NATH Vs. HAZARI LAL CHAWLA

JUDGEMENT

(1.) The petitioner assails the validity of the order dated 18.01.2018 passed in execution no.160/2012, whereby, the rent/mesne profit payable by the petitioner has been assessed till execution of the recovery certificate issued against him.

(2.) The facts in brief are that the application filed by the landlord-respondent under Section 9 of the Rajasthan Rent Control Act, 2001, was allowed by the learned Rent Tribunal vide its order dated 07.12.2011. The appeal preferred by the present petitioner against the order dated 07.12.2011 was dismissed by the learned Rent Appellate Tribunal vide judgment dated 07.07.2014. The writ petition No.10541/2014 against the eviction order was also dismissed by this Court vide judgment dated 13.05.2015.

(3.) In the execution petition filed by the respondent/landlord, the petitioner tenant moved an application dated 17.09.2014 stating therein that his objection in the appeal as well as in the writ petition that the respondent-landlord has already taken possession of the suit shop on 25.12.2011 by putting his lock on the shop remained undecided and hence, he be permitted to lead evidence in this regard. This application was dismissed by the Executing Court vide order dated 20.01.2015, which was unsuccessfully challenged by the petitioner by way of writ petition no. 6069/2015 decided by this Court on 04.05.2017. The review petition No.211/2017 was also dismissed by this Court vide order dated 17.07.2018.