JAI PAL KAMIA Vs. MAIN PAL

JUDGEMENT

(1.) By way of this revision petition, the petitioner (for short 'the tenant') has laid challenge to the order dtd. 5/3/2020 (Annexure P-13) passed by the Civil Judge (Junior Division) Chandigarh (for short 'the Executing Court'), qua the dismissal of his Objection petition (Annexure P-8) and has also assailed the judgment dtd. 8/3/2022 (Annexure P-15) handed down by the Additional District Judge, Chandigarh (for short 'the Appellate Court') whereby the Appeal preferred by him (tenant) against the order Annexure P-13, has also been dismissed.

(2.) Bereft of unnecessary details, the facts, culminating in the filing of the present petition, are that the respondents (for short 'the landlords') filed a petition against the tenant under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 for seeking his eviction from the shop on the ground floor and one room on the first floor of the property, as detailed in the head-note thereof (for short 'the demised premises') on the grounds of non-payment of the arrears of rent as well as personal necessity and during its pendency, the parties arrived at an amicable settlement of their dispute and in pursuance thereof, the said petition was allowed vide the order dtd. 20/4/2017 (Annexure P-5) directing the tenant to vacate the demised premises on or before 28/2/2019 but he did not comply with the said order and therefore, the landlords preferred the Execution Petition (Annexure P-7) for seeking the possession of the said premises.

(3.) However, the tenant filed the Objection petition in the said execution proceedings while averring that landlord Mainpal had sworn an affidavit (Annexure P-4) on 21/2/2017 deposing therein regarding the payment of Rs.25.00 lac to him (tenant) by way of two post-dated cheques of Rs.10.00 lac and Rs.15.00 lac but the cheque worth Rs.10.00 lac was dishonoured and then, the afore-named landlord entered into a fresh settlement with him and executed a compromise-deed (Annexure P-6) agreeing therein that he (landlord) would execute the Sale Deed qua his share in the demised premises in his (tenant's) favour, in lieu of the payment of the said amount of Rs.25.00 lac but thereafter, the landlords filed the Execution Petition. Vide the impugned order, the Executing Court dismissed the Objection Petition and the Appeal filed by the tenant against the said order has also been dismissed vide the impugned judgment.