Sudesh Rani v. Shri Jainendra Gurukul Panchkula And Another

2024:PHHC:006264 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 5154 of 2022 Date of Decision: 18.01.2024 Sudesh Rani ... Petitioner(s)

Versus

Shri Jainendra Gurukul Panchkula and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. N.C.Kinra, Advocate for the petitioner(s).

Mr. Adarsh Jain, Advocate for the respondent No.1.

Anil Kshetarpal, J.

1.

In this revision petition, the correctness of the order passed by the Executing Court on 23.04.2019, is challenged by the petitioner (objector).

2.

In a rent petition filed under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, respondent No.2-R.S.Rathee was ordered to be evicted on 09.09.2013. In the execution petition, the petitioner filed the objection petition which was dismissed by the Executing Court. 3.

The learned counsel representing the petitioner claims that the previous petition was filed by the respondent No.1 against R.S.Rathee and the petitioner. However, in the subsequent objection petition, the petitioner was not impleaded as a party.

4.

On a Court question, the learned counsel representing the DEEPAK KUMAR BHARDWAJ 2024.01.20 23:54 I attest to the accuracy and integrity of this document petitioner claims that the possession of the petitioner is as a sub tenant with

2024:PHHC:006264 Civil Revision No. 5154 of 2022 the consent of the landlord. However, on being asked, he failed to produce any document to prove the same. The previous petition was dismissed for non-prosecution. The eviction petition became final in the year 2013. A period of 11 years has passed, no document whatsoever has been produced by the petitioner to prove that she has any right in the property. 5.

Keeping in view the aforesaid facts, no ground is made out to interfere with the concurrent findings of facts arrived at by both the Courts below. Hence, the present revision petition is dismissed. (Anil Kshetarpal) Judge January 18, 2024 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2024.01.20 23:54 I attest to the accuracy and integrity of this document