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NAMIT KUMAR
Yugraj Singh – Appellant
Versus
Rajwinder Singh – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding possession and procedure (Para 7) |
| 3. court's reasoning on objections and procedure (Para 8) |
| 4. final reasoning against third-party objections (Para 9) |
| 5. conclusion: revision petition dismissed (Para 10) |
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 proper
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.
A party not involved in eviction proceedings cannot challenge the decree, and the burden of proof lies on the objector to establish ownership and tenancy.
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