Extracted from the PDF above. The PDF is authoritative.
252
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH HARWINDER SINGH
MOHAN SINGH AND OTHERS
CORAM: HON'BLE MR. JUSTICE
Present: Mr. Anil Shukla,
HARKESH MANUJA
By way of present appeal, challenge has been orders dated 21.08.2023 and 17.03.2026 whereby, the third party objections preferred at the instance of petitioner in an execution were dismissed. 2. Briefly stating, with respect to the subject property, decree holder/Paramveer Narwinder Singh s/o Mohan Singh wherein passed against the tenant. Based thereupon, the holder/Paramveer Singh filed objections in the objections Mohan Singh while acting on namely, Paramveer Singh amount on its renovation etc. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:
HARWINDER SINGH
Versus MOHAN SINGH AND OTHERS
HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Anil Shukla, Advocate for the **** HARKESH MANUJA, J. (ORAL)
By way of present appeal, challenge has been dated 21.08.2023 and 17.03.2026 passed by the Courts below whereby, the third party objections preferred at the instance of petitioner in an execution application filed by the decree were dismissed. Briefly stating, with respect to the subject property, decree /Paramveer Singh filed an eviction petition against his tenant Singh s/o Mohan Singh wherein passed against the tenant. Based thereupon, the holder/Paramveer Singh filed an execution application wherein petitioner while claiming himself to be the objections that the subject property was rented out to Mohan Singh while acting on the instructions of namely, Paramveer Singh and since then, the petitioner invested certain renovation etc. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ESA-24-2026 (O&M) Date of Decision: March 25, 2026
........Appellant
......Respondents HARKESH MANUJA Advocate for the appellant. By way of present appeal, challenge has been laid to the passed by the Courts below whereby, the third party objections preferred at the instance of petitioner e decree-holder/Paramjit Singh Briefly stating, with respect to the subject property, decree- Singh filed an eviction petition against his tenant Singh s/o Mohan Singh wherein an order of eviction was passed against the tenant. Based thereupon, the decree- filed an execution application wherein petitioner the third party.
It was averred property was rented out to him by instructions of the original owner and since then, the petitioner invested certain
(O&M) March 25, 2026
the passed by the Courts below whereby, the third party objections preferred at the instance of petitioner Paramjit Singh - Singh filed an eviction petition against his tenant f eviction was - filed an execution application wherein petitioner third party. It was averred him by original owner and since then, the petitioner invested certain TEJWINDER SINGH 2026.03.25 19:23 I agree to specified portions of this document
ESA-24-2026 (O&M)
-2-
3. It was thus submitted that the petitioner was having independent right over the property in question and was not to be vacated and in terms of the eviction order dated 17.01.2018 and the possession of the demised premises was not to be handed over to the decree-holder/Paramveer Singh. The aforesaid objections were contested by the decree-holder/Paramveer Singh. The aforesaid objections filed at the instance of petitioner were dismissed vide order dated 21.08.2023 by the learned Executing Court. 4. Aggrieved thereof, the first appeal was filed, however, the same was dismissed vide order dated 17.03.2026 passed by learned Addl. District Judge, SAS Nagar. 5. I have heard learned counsel for the petitioner and gone through the paper-book. 6. In the present case, an eviction order dated 17.01.2018 was passed against the judgment-debtor/Narwinder Singh on an eviction petition preferred at the instance of decree-holder/Paramveer Singh. Later objections came to be filed at the instance of petitioner with the averment that the demised premises was rented out to him by Mohan Singh who acted on instructions of owner decree-holder/Paramveer Singh. However, neither any rent deed has been placed on record nor any rent receipt has been produced by the petitioner so as to even prima facie show any kind of rent agreement between him and the landlord/decree-holder/Paramveer Singh. Moreover, Mohan Singh happened to be the father of judgment debtor-Narwinder Singh.
TEJWINDER SINGH 2026.03.25 19:23 I agree to specified portions of this document
ESA-24-2026 (O&M)
-3-
7. In such circumstances, apparently, the objections preferred at the instance of petitioner appear to be merely a ploy to defeat the rights of the decree-holder/Paramveer Singh who is already awaiting the execution of the eviction order dated 17.01.2018 for the past more than 6 years. Moreover, the orders passed by the Courts below are based upon proper appreciation of evidence and the relevant material available on record and as such, the same call for no interference. 8. Accordingly, the present revision petition being devoid of merits is thus, dismissed. 9. Pending application(s), if any, shall also stand disposed of. 25.03.2026
(HARKESH MANUJA) Tejwinder
JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
TEJWINDER SINGH 2026.03.25 19:23 I agree to specified portions of this document