- (1.) This revision petition has arisen out of the order dated 31.5.2012 (Annexure P/14) passed by the learned Additional District Judge, Panchkula, dismissing the appeal filed against the order dated 23.5.2012 passed by the trial court dismissing the application filed by the petitionerplaintiff under Order XXXIX Rules 1 & 2 of CPC.
(2.) Though, M/s Top Departmental Store had earlier filed a suit, through its proprietor Dinesh Vasudeva, but now, Naresh Vasudeva claiming himself to be its proprietor has filed the present suit on 20.5.2012 on the allegations that he is running his business on the ground floor and the basement of SCO No. 262, Sector 16, Panchkula as tenant, whereas, Usha Garg- respondent No.3 is its owner. He has claimed that Haryana Urban Development Authority has sought to eject the petitioner without providing him opportunity of being heard before passing the order under Section 17 (4) of the HUDA Act, therefore, he cannot be evicted without due process of law.
(3.) On notice, the respondents raised variety of objections and further submitted that the premises in question was resumed vide order dated 13.2.2001 as the owner had violated the terms and conditions of the allotment letter and had failed to deposit the installments despite repeated opportunities given to her and ultimately, eviction order was passed against the petitioner as well as respondent No.3- Usha Garg on 29.3.2001. Usha Garg- respondent No.3 filed an appeal against the resumption order which was dismissed on 9.8.2001. The petitioner never challenged the resumption order, however, his brother, who was co-occupant of the premises had filed the suit challenging the said resumption order on 9.4.2001, which was dismissed on 2.2.2005. The said judgment was not challenged by the respondent No.3 before the Appellate Court. As per the conditions of the allotment letter, until and unless the total sale consideration is paid, the respondents No.1 and 2 would be the owners and the petitioner or the tenants working under her would have no right, title and interest in the same. Consequently, they prayed for dismissal of the application.;