The court upheld possession orders and auction sales under tenancy law due to the tenant's substantial arrears and failure to vacate.

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-12), the learned Executing Court directed sale of articles left by the petitioner in the demised premises, through auction. Accordingly, present revision petition has been filed, praying that the impugned order dated 05.07.2024 (Annexure P-11) and order dated 17.07.2024 (Annexure P-12) passed by the learned Executing Court as well as all consequential proceedings emanating therefrom be set aside and further direction be issued to the respondent/landlord to restore the possession of the petitioner in the demised premises; and that further proceedings before the learned Executing Court, Gurugram may be stayed during the pendency of the instant civil revision.

3. Ld. counsel for the petitioner inter alia submits that the impugned order dated 05.07.2024 (Annexure P-11) and the order dated 17.07.2024 (Annexure P-12) have been passed by the ld. Executing Court at the back of the petitioner. The said orders have been passed on the mistaken premise that the petitioner is in arrears of rent to the tune of Rs. 45 lacs. Moreover, the Rent Appeal filed by the petitioner against the order dated 24.05.2024 was still pending before the learned Additional District Judge, Gurugram as is evident from zimni order dated 01.07.2024 (Annexure P-9). Yet, Execution Petition was filed and order dated 05.07.2024 (Annexure P-11) was passed whereby warrants of possession were issued against the petitioner. Further, great loss and injustice shall be caused to the petitioner if the said orders are not set aside.

4. No other arguments has been raised on behalf of the petitioner.

5. Heard learned counsel for the petitioner and perused the case file in great detail.

6. In order to properly appreciate the controversy at hand, it will be apposite to refer to the sequence of events/ admitted facts, in chronological order, as enumerated hereinbelow:

7. Perusal of the record of the case shows that a registered lease deed dated 15.3.2018, was executed between the petitioner/Tenant and the respondent/landlord in respect of the demised premises for a period of 3 years. In violation of the terms and conditions thereof, the petitioner/tenant did not make the payment or enhance the rent w.e.f. 15.03.2019 to 14.04.2019 despite many requests. Accordingly, on 06.12.2021 the respondent/landlord filed Rent Petition bearing No. RP-128-2021 (Annexure P-1), under Section 13 of the Haryana Urban (Control of Rent and Eviction) Rules, 1976 against the petitioner for his eviction from the demised premises. The petitioner app