Rahul Alias Rohit Kalra vs Anil Kumar And Others
2023 Latest Caselaw 19707 P&H

                                                   Neutral Citation No:=2023:PHHC:144267




                                        2023:PHHC:144267
147 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        ESA-3-2023 (O&M)
                                        Date of decision: 14.11.2023

Rahul @ Rohit Kalra
                                               ....Appellant

             Versus


Anil Kumar and others
                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:- Mr. Shikhar Kataria and Mr. Vikas, Advocates for Mr. Partap Singh, Advocate for the appellant

ANIL KSHETARPAL, J (Oral)

1. On 15.04.2015, the court of Rent Controller ordered

eviction of the tenant-Vinod Kumar, which, in appeal, was affirmed

by the appellate authority on 17.07.2017. The execution petition for

implementation of the aforesaid order of eviction is pending. The

appellant claims that he is in possession of the property pursuant to

an agreement to sell from the sister of the landlord. On the other

hand, it is the stand of the decree-holder/landlord that the appellant,

in collusion with the judgment debtor, is trying to delay the delivery

of the possession. Both the courts have found that the appellant has

not produced any document for showing his possession over the

shop in dispute since 2007-08. The appellant claims the property on

the basis of the agreement to sell dated 05.02.2018, however, there

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Neutral Citation No:=2023:PHHC:144267

ESA-3-2023 (O&M) 2 2023:PHHC:144267

is no sale deed in favour of the appellant. Hence, no ground to

interfere is made out.

2. Dismissed.

3. All the pending miscellaneous applications, if any, are

also disposed of.

14.11.2023                                   (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :      Yes/No
Whether reportable :             Yes/No

Neutral Citation No:=2023:PHHC:144267

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