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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Jagan Nath – Appellant
Versus
Paramjit Singh Marwaha (Deceased) Through His Lr Amit Marwaha – Respondent
| Table of Content |
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| 1. revision petition under article 227 seeking to set aside a previous order. (Para 1 , 2) |
| 2. court confirmed the landlord-tenant relationship and upheld prior judgments. (Para 3 , 4) |
| 3. previous objections on ownership not admissible due to prior adjudication. (Para 5 , 6) |
| 4. the petition was deemed meritless and dismissed as per law. (Para 7 , 8) |
JUDGMENT :
Vikas Bahl, J. (Oral)
This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 15.11.2016 (Annexure P3) passed by the Civil Judge (Junior Division)-cum-Judicial Magistrate 1st Class, Hoshiarpur whereby the objections filed by the petitioners have been dismissed.
2. Learned counsel for the petitioners has submitted that it is the petitioners who are the owners of the suit property and has submitted that there are documents of title in favour of the petitioners and that the property in question is situated in khasra No.268. It is submitted that thus, the objections filed by the present petitioners be allowed and the execution application filed by the respondent-landlord be dismissed.
3. This Court has heard learned counsel for the petitioners and has perused the
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.
Inaction in pursuing an appeal can lead to dismissal for non-prosecution, allowing execution of prior judgments.
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.
A landlord's bona fide necessity for eviction must be established, and a prior dismissal does not preclude a new application if circumstances change.
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