J.V.GUPTA, J. - (1.) THIS revision petition is directed against the order of the executing Court dated October 12, 1988, whereby the objections raised on behalf of the petitioner Sohan Lal in execution of an ex parte ejectment order dated October 5, 1987, against one Mahavir were dismissed.
(2.) THE landlord V.K. Sharma filed the ejectment application against one Mahavir alleging him to be his tenant. An ex parte ejectment order was passed on October 5, 1987. Execution was sought of the ex parte order when Sohal Lal petitioner, filed the objection thereto alleging that he was residing in the demised premises as a tenant and could not be evicted in pursuance of ex parte ejectment order against Mahavir. According to the objector, there was no person named Mahavir and the ex parte order has been obtained by misrepresentation. However, the executing Court without framing any issue and allowing the parties to lead evidence dismissed the objection petition summarily with the observations that the objection petition is nothing but a shrewed attempt to delay the execution of the ejectment order. The learned counsel for the petitioner submitted that Sohal Lal is the tenant in the demised premises since long and he has paying rent regularly. It was only from June 1, 1987 to December 31, 1989, that the rent for this period has now been deposited in pursuance of the order of this Court dated November 6, 1989. According to him a sum of Rs. 15,000/- has been deposited by the petitioner as per the said order of this Court with the Registrar. He further submitted that the objection petition could not be dismissed summarily. He should have been given opportunity to lead evidence and to show that he was in occupation of the premises, in dispute, as a tenant and, therefore, could not be ejected in execution of the ex parte ejectment order dated October 5, 1987 against one Mahavir.
(3.) ON the other hand, the learned counsel for the decree-holder submitted that this Mahavir was none else but he was Manak Chand who is the son of the objector and, therefore, these are only delaying tacties.;