SANJAY KUMAR SINGH Vs. APPELLATE RENT TRIBUNAL

JUDGEMENT

(1.) After having heard the learned counsel appearing for the named appellant in this intra-Court appeal against the order dt. 22.02.2013 as passed by the learned Single Judge of this Court in CWP No. 12499/2012, we have not an iota of doubt that the learned Single Judge has rightly dismissed the baseless writ petition by the order impugned. This apart, we have reservations even over the attempt to prosecute this appeal with the following particulars as regards the appellant:

(2.) When the respondent No. 3 levied execution of the said certificate for recovery of possession, objections were put against such execution by the named petitioner-appellant Sanjay Kumar Singh by way of an application, purportedly under Order XXI Rule 97 CPC, while alleging that the certificate had been obtained by manipulation and in order to secure his ouster from the premises. The other relevant aspects had been that the named appellant Sanjay Kumar Singh (since deceased) and the respondent No. 3 Smt. Gayatri Singh were married to each other but ultimately, the marriage got dissolved by a decree of divorce. The petitioner-appellant claimed himself to be the true owner of the property in question with the suggestion that the sale deed of the property was executed in favour of the respondent No. 3 out of love and affection existing at the relevant point of time. The objections have been put to contest by the respondent No. 3.

(3.) Pending disposal of the objections, the petitioner-appellant sought interim relief against dispossession: The prayer for interim relief was declined by the Rent Tribunal by its order dt. 08.10.2012. This order of the Rent Tribunal was sought to be questioned in the writ petition (CWP No. 12499/2012) leading to this appeal.