IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH KUMAR BEDI – Appellant
Versus
AMAN KASHYAP – Respondent
##PAGE1##
CR-5678-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
113 CR-5678-2024 (O&M)
Date of decision: 27.02.2026
Rajesh Kumar Bedi ...Petitioner(s)
Vs.
Aman Kashyap ...Respondent(s)
CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA
Present:- None for the petitioner.
Mr. Manish Joshi, Advocate and
Ms. Ramandeep, Advocate
for the respondent.
***
NIDHI GUPTA, J.
Present Civil Revision Petition under Article 227 of
Constitution of India has been filed by the tenant/judgment debtor
against the order dated 04.07.2024 (Annexure P-1) passed by Executing
Court/Civil Judge (Junior division) Chandigarh whereby objections filed
by the petitioner under Section 47 of the CPC have been dismissed.
2. Brief facts of the case in chronological order are as follows: -
22.12.2021: The landlord/respondent had instituted a Rent Petition
dated 22.12.2021 (Annexure P-5) seeking eviction of the petitioner from
the demised premises (describable as ground floor and first floor of
residential House No. 247, Sector 15-A, Chandigarh) under Section 13 of
the East Punjab Urban Rent Restriction Act. Thereafter, respondent had
filed application for assessment of provisional rent.
DIVYANSHI
2026.03.05 11:59
I attest to the accuracy and
integrity of this document
##PAGE2##CR-5678-2024 (O&M) 2
22.08.2022: Vide order dated 22.08.2022 (Annexure P-7), Rent
Controller had assessed provisional rent @ Rs.3,60,000/- per month.
26.09.2022: As the petitioner failed to pay provisional rent as assessed
by the Rent Controller, accordingly, Rent Petition filed by the respondent
was allowed by the Rent Controller vide order dated 26.09.2022
(Annexure P-9) on the ground of non-payment of rent; and petitioner
was directed to vacate and handover vacant possession of the tenanted
premises within a period of 60 days from the date of passing of order i.e.
26.09.2022.
18.04.2023: The petitioner had challenged the order dated 22.08.2022
before this Court by way of CR-1281-2023; which was dismissed by
Coordinate Bench of this Court vide order dated 18.04.2023 (Annexure
P-10) on merits as well as on concealment of material facts.
21.09.2023: The petitioner had then moved a Review Application No.
RA-CR-140-2023 in CR-1281-2023; which was also dismissed vide order
dated 21.09.2023 on grounds of delay as well as on merit.
29.11.2023: In the meantime, in the Rent Appeal, the petitioner had
moved an application for staying operation of ejectment order; and the
respondent had also moved application for mesne profits. Both the
above said applications were decided by the learned Appellate Authority
vide order dated 29.11.2023 (Annexure P-12); whereby operation of the
ejectment order was stayed till disposal of the appeal subject to the
condition that the petitioner shall deposit entire arrears of rent; and that
the petitioner shall keep on depositing Rs.40,000/- per month from the
DIVYANSHI
2026.03.05 11:59
I attest to the accuracy and
integrity of this document
##PAGE3##CR-5678-2024 (O&M) 3
date of ejectment order as mesne profits by 10th of every month failing
which stay order shall cease to have effect.
18.01.2024: The said order dated 29.11.2023 was challenged by the
petitioner before this Court by way of filing CR-7590-2023; which came
to be dismissed vide order dated 18.01.2024 (Annexure P-13).
6. 2.2024: Subsequently, the conditional stay granted by the Appellate
authority vide aforementioned order dated 29.11.2023 (Annexure P-12)
was vacated by the Appellate Authority vide order dated 06.02.2024, as
the petitioner failed to pay mesne profits and comply with the
conditions.
09.02.2024: It is thereafter that the petitioner filed objections under
Section 47 of the CPC dated 09.02.2024 (Annexure P-14) in the Execution
Petition.
12.02.2024: The respondent had filed reply dated 12.02.2024 (Annexure
P-15) to the said objections.
18.04.2024: Petitioner filed rejoinder to the reply filed by the decree
holder/respondent.
04.07.2024: Vide impugned order dated 04.07.2024 (Annexure P-1),
objections of the petitioner have been dismissed.
3. Perusal of the order
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