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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Tarlok Singh (Now Deceased) Through His Legal Representatives – Appellant
Versus
Jatinder Pal Through His Legal Heirs – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
Challenge in the present revision petition is to the order dated 31.05.2025 passed by the Civil Judge (Junior Division), Gurdaspur, vide which the objections dated 03.10.2024 and 17.03.2025 filed by legal representatives of the judgment debtor/Tarlok Singh had been dismissed.
2. Legal representative (number 1) of Tarlok Singh (judgment debtor) i.e. Khushpreet Singh, who is appearing in person, has submitted that the respondent/Jatinder Pal (now deceased), who had filed the eviction petition, was not the owner of the premises in question and thus, the eviction petition filed by him was not maintainable. It is further submitted that the respondent/Jatinder Pal had concealed the material fact that he is not the owner of the property and thus, was guilty of fraud. It is argued that in view of the above-said two submissions, the judgment and decree in favour of the respondent/Jatinder Pal dated 30.08.2019, which had been upheld by the Appellate Court as well as by this Court, is inexecutable and the execution application, which is being pursued by the legal representatives of the respondent/Jatinder Pal is not maintainable and the objections filed by the pr
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 eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
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.
The court reinforced that a valid landlord-tenant relationship must be established for eviction proceedings, confirming that a grant of probate is a right in rem and does not negate independent title....
The finality of an eviction order and the locus standi of a third party to file objections under the rent restriction act.
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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