PUSHPA BANSAL AND OTHERS Vs. KULDEEP KAUR AND OTHERS
LAWS(P&H)-2012-7-538
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 17,2012

PUSHPA BANSAL AND OTHERS Appellant
VERSUS
Kuldeep Kaur and Others Respondents

JUDGEMENT

- (1.) Tenant/Judgment Debtor (hereinafter referred to as the petitioner) has, in the present revision petition under Article 227 of the Constitution, assailed the order dated 25.4.2012 passed by the learned Rent Controller, UT Chandigarh whereby on the application under Section 152 read with Section 151 CPC preferred by the legal representatives of Decree holder/landlord, during the execution application seeking enforcement of the ex parte eviction order dated 14.10.2009, the learned Rent Controller,Chandigarh has permitted correction of an accidental omission qua exclusion of words "bonafide use and occupation" in the operative part of the ex parte eviction order dated 14.10.2009.
(2.) Learned counsel for the petitioner/tenant contends that the correction permitted to the effect that in the operating part of the ex parte eviction order dated 14.10.2009 the learned Rent Controller has permitted the inclusion of the decree being also on the basis of bonafide necessity and personal use and occupation of the landlord is patently illegal being not supported by any evidence on record. He submits that it virtually amounts to reviewing the previous decree without there being any legal basis.
(3.) After hearing the learned counsel for the tenant/petitioner, this court is not persuaded to accept the plea of the petitioner/tenant and, therefore, the same is liable to be rejected.;


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