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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Avtar Singh – Appellant
Versus
Rajinder Singh – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India praying for setting aside the impugned order dated 03.10.2024 (Annexure P-8) passed by the Civil Judge (Sr.Div.), Barnala, vide which the application filed by the petitioner for recalling of warrant of possession has been dismissed.
2. Learned counsel for the petitioner has submitted that in the present case, respondent no.l-Rajinder Singh had filed a suit for possession of the shop in question and the present petitioner was impleaded as defendant no.l and the original owner was impleaded as defendant no.2. It is submitted that the said suit was decreed vide judgment and decree dated 01.08.2018 and thereafter the owner i.e., respondent no.2 had filed an eviction petition against the present petitioner on the ground of non-payment of rent and in the said proceedings, the petitioner had paid an amount of Rs.2 lacs to respondent no.2 with respect to the arrears of rent on 11.02.2023 and accordingly, the said eviction petition was withdrawn. It is further submitted that since respondent no.2 was treating the petitioner to be a tenant, thus, the petitioner had withdraw
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 execution of a decree must follow due process, including notice to the parties involved, but compliance with prior agreements is essential for lawful execution.
Inaction in pursuing an appeal can lead to dismissal for non-prosecution, allowing execution of prior judgments.
The jurisdiction to execute a decree for eviction under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 lies with the trial court that passed the decree, and not with the rent controll....
The court upheld possession orders and auction sales under tenancy law due to the tenant's substantial arrears and failure to vacate.
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
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