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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Sadha Singh – Appellant
Versus
Amrik Singh – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 03.12.2024 (Annexure P-5) passed by the Civil Judge (Junior Division), Ajnala, Amritsar in the execution bearing No.26/2024 dated 04.05.2024 titled as 'Amrik Singh Vs. Sadha Singh (deceased) through his LR's' vide which the warrants of possession have been issued by the Executing Court for the execution of the judgment and decree dated 21.10.2019.
2. A perusal of the paper book would show that respondent No.1- plaintiff-Amrik Singh had filed a suit for ejectment from the premises in question which was stated to have been given on rent to the predecessor-in-interest of the present petitioner(s) i.e., Sadha Singh. The said suit was filed on 04.09.2014 and after due contest, the same was allowed vide judgment and decree dated 21.10.2019. The operative part of the said judgment is reproduced hereinbelow:-
'25. This issue is with regard to payment of court fee. Relationship between the landlord and tenant stood proved. Once a landlord brings suit against tenant for eviction, he is not required to pay court fee at the market value of the suit
Inaction in pursuing an appeal can lead to dismissal for non-prosecution, allowing execution of prior judgments.
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.
The court upheld possession orders and auction sales under tenancy law due to the tenant's substantial arrears and failure to vacate.
It is no longer res integra that it is the burden of the defendant to prove that he had not defaulted in payment of rent in order to get the protection under section 5 (1) of Assam Urban Area Rent Co....
The court established that tenancy obligations persist despite a fixed-term lease expiry, emphasizing proper compliance with eviction notices as crucial for tenant protection.
The court emphasized the importance of evidence and the need for arguments to be based on the written statement.
Failure to comply with the payment of provisionally assessed rent arrears can lead to the court upholding an ejectment order.
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