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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Amit Vishnoi – Appellant
Versus
Vivek Chandok – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. The present revision petition has been filed by the petitioner/tenant under Article 227 of the Constitution of India for setting aside the impugned order dated 05.072024 (Annexure P-11), order dated 17.07.2024 (Annexure P-12) passed by the learned Executing Court in EXE-235-2024 titled as 'Vivek Chandok Vs. Sh. Amit Vishnoi' as well as all consequential proceedings.
2. The brief facts of the case are that a registered lease deed dated 15.3.2018 was entered into between the petitioner and the respondent/landlord, whereby the petitioner was inducted as a tenant in residential villa (hereinafter referred to as 'demised premises'). However, as the petitioner was in arrears of rent, the respondent filed Eviction Application before the Rent Controller, which was allowed vide order dated 24.05.2024 (Annexure P-8). The petitioner filed rent appeal against the said order, which is pending before the learned Additional District Judge, Gurugram. During this period, the respondent filed Execution Proceedings in which vide order dated 05.07.2024 (Annexure P-11) warrants of possession were issued against the petitioner. Further vide order dated 17.07.2024 (Annexure P-1
The court upheld possession orders and auction sales under tenancy law due to the tenant's substantial arrears and failure to vacate.
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 the maintainability of a revision petition under Article 227 despite objections, affirming the provisional assessment of rent and rejecting the applicability of the doctrine of suspe....
The court established that tenancy obligations persist despite a fixed-term lease expiry, emphasizing proper compliance with eviction notices as crucial for tenant protection.
Point of Law : If the real value of the property is higher than the rent earned then the amount of compensation for continued use and occupation of the property by the tenant can be assessed at the h....
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