IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.2746 of 2010 (O&M) Date of Decision : 28.4.2010 Suman Kumar ....Petitioner Versus Smt.Bati and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. R.S.Sihota, Senior Advocate with Mr.B.R.Rana, Advocate for the petitioner. ..... MAHESH GROVER, J. The petitioner, who is tenant, suffered a consent decree on 6.9.1995 and the rent petition was disposed of in the following terms :- “Heard. Compromise Ex.C-1 shows that tenant has admitted non-payment of arrears of rent. Non-payment of arrears of rent is a ground of ejectment. Therefore, an order of ejectment is hereby passed in favour of the petitioner and against the respondent in terms of compromise Ex.C-1, but the said compromise shall not be executable till 24.2.1998 and the respondent would be liable to pay Rs.1400/- per month to the landlord by 25th day of every month and in case of default, he would be liable to put the landlord in possession forthwith. No order C.R.No.2746 of 2010 (O&M) -2- as to costs. Memo of costs be prepared accordingly. File after compliance be consigned to the record room.” Thereafter, he did not vacate the premises forcing the landlord/respondents to execute the aforesaid order. In the said execution he took up a plea that the respondents were left with no interest in the property since Munna Lal died on 5.8.2003 and Tirlok Chand his son along with other legal heirs sold the suit property along with its adjoining property to one Deepak Verma vide registered sale deed dated 21.5.2007. Besides this fact it w as pleaded that Munna Lal and his legal heirs in any case were not left with any interest in the property as they had sold it to Ram Gulam vide sale deed dated 24.2.1999. Another objection taken up by the petitioner was that a separate rent petition has been filed by Tirlok Chand and hence the instant execution proceedings cannot be sustained. A plea was also raised that at the time of compromise, he was a minor and was therefore incapable of entering into the same. Learned counsel for the petitioner has stated that the nephew of respondent from whom his father had purchased the property had become owner by way of a decree regarding which there is a serious contest between the legal representatives of Dharam Singh who had succeeded to his estate. He contends that since his father had purchased the property, the compromise effected later on would not bind him and that the application under Section 151 read with Section 47 of the Civil Procedure Code moved by him pleading that he is owner of the suit property has been wrongly declined by the court below. C.R.No.2746 of 2010 (O&M) -3- I have heard learned counsel for the petitioner. There is no dispute that the petitioner has suffered a consent decree in the rent proceedings, the terms of which have been reproduced above. He pleads that his father had purchased the suit property by virtue of the sale deed and that the property also stood sold to one Deepak Verma divesting the respondents from any interest in the property. Strangely enough the sale deeds have not been shown to the executing Court. In any eventuality the sale executed by Suresh Chand in favour of the petitioner is under cloud as the same has been declared null and void in case titled 'Munna Lal v. Suresh Chand etc.', decided on 9.11.2009. Even if this fact was to be ignored that the dispute regarding ownership of the property is pending inter se between the legal representatives of Dharam Singh, yet there is no explanation as to what precluded the petitioner from producing the sale deed before the court. He has also taken a completely divergent stand that he was minor on the date when he suffered the decree in the rent proceedings. This only shows that the petitioner's intention is completely dishonest and and he only wants to deprive the respondents of their right to execute the decree. The conduct of the petitioner shows that he is a tenacious tenant and thus he does not deserve any relief. No ground to interfere. Dismissed. 28.4.2010 (MAHESH GROVER) JUDGE dss