- (1.) This revision petition is filed by the landlord assailing the order dated 11.10.2008 by which an application filed by the tenants under Section 144 of the Code of Civil Procedure, 1908 (for short 'CPC') has been allowed..
(2.) The brief facts of the case are that the landlord let out a part of Industrial Plot No.373, Setter 24, Faridabad on 9.1.1998 to respondents No. 1 and 2 @ Rs.9600/- per month. He filed an application under Section 13 of the Haryana Urban (Control of Rent and Eviction), Act, 1973 (for short 'the Act) against them and M/s Anand Packaging on the ground of non-payment of rent and sub-letting. On 5.9.2006. the tenants were proceeded against ex parte and on 27.11.2007, an ex parte eviction order was passed against them. The landlord obtained possession of the demised premises in execution on 22.2.2008. Thereafter, the tenants filed an application under Order 9 Rule 13 of the CPC on 26.2.2008, which was allowed on 29.8.2008 and the ex parte eviction order dated 27.11.2007 was set aside. The landlord challenged the order dated 29.8.2008 by way of CR No.5396 of 2008, which was dismissed by this Court on 3.10.2008 and was upheld by the Supreme Court as the SLP filed by the landlord was also dismissed.
(3.) On 1.9.2008, the tenants filed an application under Section 144 of CPC for recovery of possession after the reversal of order of eviction dated 27.11.2007 by an order dated 29.8.2008, which has become final between the parties. The said application was contested by the landlord by reply dated 29.9.2008 but the Civil Judge (Junior Division), Faridabad vide his impugned order dated 11.10.2008 allowed the said application against which present revision petition has been filed.;