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High Court of Punjab and HaryanaCR/2201/2026dismissed

Karambir Alias Karamvir Singh v. Narender

2026-03-09Ms. Justice Nidhi Gupta4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-2201-2026(O&M) Date of decision: 09.03.2026 Karambir @ Karamvir Singh

...Petitioner(s)

Vs.

Narender

...Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Gagandeep Singh, Advocate for the petitioner.

*** NIDHI GUPTA, J.

Present Revision Petition has been filed by the tenant against the order dated 17.02.2026 (Annexure P11) passed by learned Additional District Judge, Jind whereby Warrants of Possession as issued by the learned trial Court have been stayed only subject to the tendering of rent till date, by the petitioner by 02.03.2026.

2.

It is inter alia submitted by learned counsel for the petitioner that the judgment dated 14.05.2025 has been passed by the learned Rent Controller without appreciating the evidence on record and by ignoring the facts of the case. It is submitted that learned Rent Controller has even failed to examine the personal interest and bona fide need of the respondent. Learned counsel submits that in these circumstances, the petitioner whose appeal

against the afore-mentioned judgment is pending adjudication, would suffer a huge blow if the operation of the impugned order is not stayed. It is further submitted that the petitioner did offer to pay a substantial sum of money to the respondent in the appellate proceedings. However, the same was not accepted. Learned counsel submits that in the absence of payment of entire rent, the petitioner stands at the risk of losing the demised premises. Therefore, it would be in the interest of justice if the petitioner is granted extension of time for at least three months.

3.

No other argument is raised on behalf of the petitioner. I have heard learned counsel and perused the record in detail. 4.

I find no merit whatsoever in the submissions made on behalf of the petitioner. The brief sequence of events in chronological order is as follows: 11.4.2019: The respondent/landlord had filed Eviction Petition dated 11.04.2019 (Annexure P1) seeking eviction of the petitioner under Section 13 of The Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as "the Act").

14.2.2023: The petitioner had filed written statement dated 14.02.2023 (Annexure P2).

14.5.2025: Vide judgment dated 14.05.2025 (Annexure P3), the said eviction petition was allowed, and the petitioner was directed to pay arrears of rent since 09.05.2019 along with interest @ 6% per annum; and to hand over vacant possession of the demised premises within six months.

1.7.2025: Against the said order dated 14.05.2025, the petitioner had preferred Rent appeal dated 01.07.2025 (Annexure P4). Along with the appeal, the petitioner had moved application dated 01.07.2025 to stay further proceedings.

28.7.2025: The respondent had then filed Execution Petition No.EXE-93-2025 on 28.07.2025 (Annexure P5). The respondent had also filed reply dated 29.08.2025 to the application filed by the petitioner for stay of further proceedings before the Executing Court.

14.11.2025: The respondent filed application dated 14.11.2025 (Annexure P6) under Order 21 CPC for issuance of warrant of possession in the Execution Petition.

15.12.2025: The petitioner filed objections dated 15.12.2025 (Annexure P7) to the Execution Petition filed by the respondent. 16.12.2025: Vide order dated 16.12.2025 (Annexure P8), application filed by the petitioner seeking stay of proceedings before the Executing Court on ground of pendency of appeal, was dismissed.

17.1.2026: Vide order dated 17.01.2026 (Annexure P9) passed by learned Civil Judge (Senior Division), Jind/Rent Controller, Warrant of Attachment of property of the petitioner was issued in favour of the respondent/decree holder/landlord.

17.2.2026: Subsequently, vide impugned order dated 17.02.2026 (Annexure P11), operation of the order dated 17.01.2026 (Annexure P9) was stayed

subject to the petitioner making payment of the arrears of entire rent by 02.03.2026. The operative part of the impugned order read as follows: - "Since payment of rent has not been made even after a lapse of six months from the date of judgment, the appellant is directed to tender the entire rent by 02.3.2026 and the warrant of possession as has been issued by the learned Trial Court is ordered to be stayed only subject to the tendering of rent till date by the Tenant appellant." 5.

On a Court query, ld. counsel for the petitioner has admitted that the petitioner has failed to deposit the rent as directed. The impugned order is just and fair inasmuch as it has granted time to the petitioner till 02.03.2026 for payment of entire arrears of rent which are admitted to be due. 6.

In view of the above, no ground is made out to exercise the revisional jurisdiction of this Court. The present petition stands dismissed. 7.

Pending application(s) if any also stand(s) disposed of. (Nidhi Gupta) 09.03.2026 Judge Sunena Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No