The court affirmed that objections to eviction orders must be based on valid claims of possession; mere assertions without evidence of ownership or possession cannot delay lawful eviction processes.

JUDGMENT

Mr. Namit Kumar, J. (Oral)

The instant Revision Petition has been preferred by the petitioner under Article 227 of the Constitution of India impugning the order dated 18.09.2023 (Annexure P-9) passed by the court of learned Civil Judge (Jr. Divn.), Ludhiana in Execution Petition No.EXE-4987-2023 titled as 'Rajwinder Singh and others v. Surinder Pal Kaur', whereby third party objections dated 22.05.2023 (Annexure P-7) preferred by the petitioner have been dismissed.

2. Brief facts leading to the filing of the present revision petition, as have been stated in the petition, are that Rajwinder Singh and Jaswinder Singh son of late Sh. Gurjaswant Singh, who is an NRI, has empowered Inderbir Singh to file a petition dated 24.08.2017 under Section 20 of the PUNJAB RENT ACT , 1995, seeking eviction of Surinder Pal Kaur from the first and second floor of the house bearing property no.81 situated at South Model Gram, Ludhiana consisting of three bedroom, drawing room, kitchen, bathroom and washroom.

3. Thereafter, the present petitioner filed a Civil Suit No.1864/2018 seeking declaration to the effect that he is exclusive owner of the house in question situated at South Model Gram, Ludhiana against Rajwinder Singh and Jaswinder Singh. The case set by the plaintiff/petitioner in the said suit was that earlier Mrs. Amardeep Kaur wife of Late Sh. Gurjaswant Singh was owner in possession of the said property and she had bequeathed her entire estate in favour of the present petitioner by executing a Will dated 15.08.2013.

4. It is also averred in the petition that Surinder Pal Kaur (tenant), when came to know about the aforesaid civil suit, she moved a petition under section 35 of CPC, which was termed as inter-pleader suit. The petitioner also filed an application in the rent petition for deciding the ownership of the property in dispute and also sought stay of the proceedings in the eviction petition filed under section 10 of CPC. However, the said application was dismissed by learned Rent Controller, Ludhiana vide order dated 14.01.2021 and the same was never questioned by the present petitioner any further. The rent petition was accepted and Surinder Pal Kaur was ordered to be evicted from the demised premises, vide judgement dated 17.02.2023 passed by learned Rent Controller, Ludhiana. Concluding paras of the said judgement are as under:-

" In view of the above discussion upon issue No. 1 to 3, the petitioners succeed and petition is hereby allowed with costs. An order of ejectment of the respondent from demised premises i.e. first and second floor of house bearing No.81, consisting of 3 bed rooms, drawing rooms, kitchen, bathroom, latrine, shown as red in the site plan is ordered to be passed in favour of the petitioners and against the respondent. The respondent is directed to hand over the vacant possession of the same to the petitioner within a period of two months from today failing which the petitioner shall be at liberty to obtain the vacant possession of the demised premises through execution of judgment. Memo of costs be prepared accordingly and file be consigned to the record room, after due compliance. "

5. The present petitioner had filed an application under Order 39, Rule 1 and 2 read with section 151 of CPC seeking temporary injunction, in Civil Suit No.1864/2018 and the said application was disposed of by the court of learned Civil Judge (Jr. Division), Ludhiana vide order dated 20.03.2023 by directing the parties to maintain status quo till final disposal of the civil suit.

6. Thereafter, the respondents filed an execution Petition i.e. EXE-4987-2023 titled as 'Rajwinder Singh and others v. Surinder Pal Kaur'