CR No.2936 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.2936 of 2009 Date Of Decision: 03.09.2009 **** Gian Chand . . . . Petitioner VS. Asha Rani . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. R.K. Rana, Advocate for the petitioner Mr. Jayender Singh (Chandail), Advocate for the respondent **** SURYA KANT J.(ORAL) The petitioner-tenant is aggrieved at the order dated 14th March, 2009 passed by the Executing Court whereby stay of execution proceedings has been declined. Notice of motion was issued and in pursuance thereto, counsel for the parties have been heard. The undisputed facts are that the petitioner-tenant was proceeded against ex parte in the eviction petition on 26.07.2007 and finally an ex parte ejectment order was passed, against him on 13th March, 2008. The petitioner-tenant is stated to have moved an application to recall/set aside and to the stay the ex parte ejectment order, which is still pending consideration. Meanwhile, the respondent-landlady has sought the execution of the eviction order. The petitioner-tenant sought but has been declined ad interim stay by the Executing Court. CR No.2936 of 2009 - 2 - Learned counsel for the respondent-landlady points out that the petitioner- tenant has not paid any rent from the last over 2 years and is causing harassment to the respondent-landlady, who herself is living in a rented accommodation. Having heard learned counsel for the parties, I am of the considered view that till the application of the petitioner-tenant to set aside/recall the ex parte order is decided on merits, his dispossession deserves to be stayed, otherwise the application would be rendered infructuous. The petitioner, however, cannot be allowed to enjoy the rented property without paying any rent. The revision petition is accordingly disposed of with a direction that the dispossession of the petitioner-tenant shall remain stayed till the application moved by him, to recall the ex parte proceedings is decided, provided that he deposits the entire arrears of rent with interest at the rate of 6 per cent per annum and a cost of Rs.2000/-, with the Rent Controller within a period of 2 weeks. The respondent-landlady may accept such arrears without prejudice to her legal rights. Disposed of. Dasti. (SURYA KANT) JUDGE 03.09.2009 shonkar