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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Harvinder Singh (Deceased) through his LRs. – Appellant
Versus
Surjeet Singh (Deceased) through his LRs. – Respondent
| Table of Content |
|---|
| 1. court has jurisdiction under article 227 (Para 1 , 2 , 3) |
| 2. petitioners' main legal arguments against decree (Para 4) |
| 3. court reaffirms civil court jurisdiction and execution principles (Para 5 , 6 , 7 , 8 , 9) |
| 4. no error found in executing court's order (Para 10) |
| 5. revision petition dismissed due to lack of merit (Para 11) |
JUDGMENT :
DEEPAK GUPTA, J.
1. The petitioners have invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, read with Section 151 of the Code of Civil Procedure, seeking to assail the order dated 09.10.2025 (Annexure P-4) passed by the learned Civil Judge (Junior Division), Malerkotla. By the said order, the Executing Court dismissed the objections preferred by the petitioners, who are the legal representatives of the original judgment-debtor, in Execution Petition No. Exe-212/2018 titled Surjeet Singh v. Harvinder Singh .
2. A perusal of the record reveals that the genesis of the proceedings lies in an ejectment petition filed by respondent-landlord Surjeet Singh against Harvinder Singh, the predecessor of the present petitioners, in respect of a shop, primarily on the ground of non-payment of rent. The
Civil Court retains jurisdiction to decree recovery of rent despite proceedings under the Rent Act, as affirmed by the Supreme Court.
(1) Decree passed by civil court is valid and executable which is not interdicted by applicability of the Act to area in question.(2) Rights of parties have to be determined on the date of filing of ....
Section 14(2)(i) of Act provides eviction of tenant for non-payment of arrears of rent with protection to tenant.
The main legal point established in the judgment is that a person who approaches the court with unclean hands cannot be granted relief, and dishonest litigants cannot abuse the process of the court.
The executing court must adhere to the decree unless it is set aside, and objections based on unrelated civil suits cannot impede execution.
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