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2023 Supreme(P&H) 570

VIKAS SURI
Jatinder Singh – Appellant
Versus
Punjab National Bank – Respondent


Advocates appeared:
Mr. Prateek Sodhi, Advocate, for the Appellant.;

JUDGMENT

Vikas Suri, J. - This is a petition preferred under Article 227 of the Constitution of India seeking setting aside the order dated 05.12.2022 (Annexure P-11) passed by the Executing Court, whereby opportunity to cross-examine the objector's witness, OW-1 Banwari Lal Ola, was treated as nil.

2. Shorn of unnecessary details, the facts giving rise to the present petition are that the petitioners are 'landlord' and the proforma respondent Nos.2 and 3 are their 'tenant'. The petitioners sought ejectment of their tenants from the demised premises on account of non-payment of arrears of rent. The terms and conditions of the lease agreement between the landlord and tenant was reduced into writing dated 05.09.2013, described as Memorandum of Understanding cum Lease Agreement. Before the Rent Controller, the tenant was stated to be in arrears of rent and in view of the law settled in Rakesh Wadhawan vs. M/s Jagdamba Industrial Corporation, 2002(1) RCR (Rent) 514, provisional rent was assessed to the tune of Rs. 1,35,49,625/-. As the tenants failed to pay the provisional rent, order of eviction dated 10.05.2019 (Annexure P-2) was passed in favour of the petitionerlandlord and against t

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