RATTAN LAL Vs. KRISHAN LAL

JUDGEMENT

(1.) A decree for ejectment was passed in the suit titled "Krishan Lal v. Rattan Lal" on 31.12.1997. However, the decree became final only when the Civil Second Appeal filed by the tenant was dismissed by this Court on 26.02.2009.

(2.) After reconstruction of the shop by the landlord, possession was handed over to the tenant sometimes on 04.08.2010. This is reflected in the order of this Court dated 20.03.2013 passed in Civil Revision No. 107/2010 titled "Krishan Lal v. Rattan Lal". While deciding this petition, the Court observed that the possession of the shop has been handed over to the respondent w.e.f 04.08.2010, this petition is, thus, rendered infructuous. However, it is made clear that any observation made by the executing court in the impugned orders will not affect the right of the petitioner/landlord in the execution application titled "Krishan Lal v. Rattan Lal" already filed by him in the court of learned Sub-Judge, Reasi to seek fixation of market rent regarding the property in question."

(3.) Landlord filed an application for fixation of fair rent on 22.02.2012 with the prayer that the judgment debtor may be directed to execute the Rent Deed fixing monthly rent at Rs.4500/- from the date of delivery of possession of the shop which is 04.08.2010.