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2013 Supreme(P&H) 610

K.Kannan
Kewal Krishan and Ashok Kumar s/o Late Shri Lal Chand – Appellant
Versus
S. P. S. Bhullar, Advocate – Respondent


Advocates:
Parties in person:Mr. Arun Jain, Senior Advocate, with Mr. Shoaib Khan, Advocate.
For the Respondents: Ms. Tanu Bedi,

JUDGMENT

Mr. K. Kannan, J.:- I. Setting up the context for the lis

1. The revision is against the order upholding a third party objection to an execution petition filed by the decree holder in an ejectment action under the East Punjab Rent Restriction Act. The Executing Court was upholding the objection of the third party objector holding that the property which was sought to be executed for delivery belonged to the objector and that he could not be ejected physically and the execution application cannot be further pursued.

II. The width of adjudicatory exercise

2. The property in dispute was a house in Door No.2109, Sector 15-C, Chandigarh. The execution was with reference to a predicated half share of the house which had been claimed by the decree holder to have been rented out initially to one Roop Lal. It appears that when the petition was pending, a third party by name Gopal Dass (decree holder’s husband’s brother) sought for impleadment but the same was rejected by the Rent Controller and ultimately an order of eviction was passed on 08.03.1989. It was this order of eviction which was sought to be executed through an execution petition filed in the year 1998. At that stage, t






















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