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1980 Supreme(P&H) 202

I.S.TIWANA
Om Parkash – Appellant
Versus
M/s Durga Dass Harbans Lal Etc. – Respondent


Judgment

I.S.Tiwana, J.

1. This petition is directed against an order of the executing Court dated 14th March, 1990, whereby the said Court has standings launched by the petitioners on an objection petition filed by the respondent-firm.

2. In order to appreciate the controversy raised in this petition, the following facts deserve to be taken notice of.

3. The petitioner obtained an order dated 25th of July, 1978 from the Court of Rent Controller, Moga, for the ejectment of Harbans Lal, respondent no, 2, alleged to be a tenant in the premises in question. This Harbans Lal, while denying his status as a tenant under Om Parkash, petitioner, raised a specific plea that in fact the firm M/S Durga Dass Harbans Lal, the present objector, was the tenant under Om Parkash. This plea of Harash Lal was negatived by the Rent Controller, and he in his personal capacity, was held to be a tenant under 0m, Parkash petitioner and thus his ejectment was ordered after considering the merits of the case. These findings of the Rent Controller were upheld upto this Court.

4. Before Om Parkash, petitioner, instituted the present execution proceedings on the basis of the above noted order of the Rent Contro














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