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Monday, March 15, 2010

Tenant adopted illegitimate measure and took recourse to various litigation to delay delivery of possession

2010(1) LAW HERALD (P&H) 310
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mehinder Singh Sullar
Civil Revision No.2003 of 2007
Het Ram
v.
Virbhan
{Decided on 11/11/2009}
For the Petitioner: Mr. C.B. Goel, Advocate.
For the Respondent: Mr. Shailendra Jain, Advocate.
IMPORTANT POINT
Eviction--Compromise--Delay in delivery of possession--Misuse of process of law by tenant--Cost--Tenant adopted illegitimate measure and took recourse to various litigation to delay delivery of possession--Landlord remained unsuccessful in getting possession for 17 years without his fault--Tenant misused process of law--Revision petition of tenant dismissed with special cost of Rs.50,000/-.
(A) East Punjab Urban Rent Restriction Act, 1949, S.13(2) (i)--Eviction--Compromise--Delay in--Delivery of possession--Execution--Misuse of process of law by tenant--Cost--Rent controller ordered ejectment vide order dated 19.8.1997--During appeal tenant compromised the matter accepted order of ejectment and under took 6 years to handover possession on 30.11.2004--But instead of handing over possession tenant in order to delay delivery of possession took recourse of various litigations and misused the process of law--Landlord filed execution petition on 26.2.2005 in which tenant filed objection which were dismissed on 10.3.2007--Appeal filed by tenant also dismissed on 11.4.2007 with special cost of Rs.5000/-.--Present revision petition filed by tenant contending that area where disputed premises is situated was taken out of purview of Municipal Area on 2.3.2000 and as such provisions of rent were not applicable and therefore Rent Controller was not justified in entertaining execution petition not tenable--Held that provisions of Rent Act were fully applicable when ejection petition was filed and when ejectment by tenant was accepted by tenant in appeal then subsequent change will not in any way affect right acquired to landlord--Revision petition dismiss with special cost of Rs.5000/-.
(B) East Punjab Urban Rent Restriction Act, 1949, S.13--Eviction--Compromise--Delay in delivery of possession--Misuse of process of law by tenant--Cost--Landlord roaming around the matter since 12.9.1992 when ejectment petition was filed--Tenant adopted illegitimate measure and took recourse to various litigation to delay delivery of possession--Landlord remained unsuccessful in getting possession for 17 years without his fault--Thus, tenant misused process of law--Revision petition of tenant dismissed with special cost of Rs.50,000/-. (P.20)
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