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NAMIT KUMAR
Yugraj Singh – Appellant
Versus
Rajwinder Singh – Respondent
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,
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.
Once an issue has been adjudicated in court, it cannot be re-litigated in later proceedings, maintaining the authority of previous judgments on the same matter.
Point of law: Interference would be justified only in the event the view taken by the Rent Controller and the Tribunal is entirely arbitrary and perverse or in excess of jurisdiction.
Interference would be justified only in the event the view taken by the Rent Controller and the Tribunal is entirely arbitrary and perverse or in excess of jurisdiction.
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