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2026 DAILYLAW 10389 (PNJ)

RAMA SHANKAR v. SATISH KUMAR & ORS

CR/3701/2016 · 2026-04-17

Harpreet Kaur Jeewan

Special Leave Petitionbody2026

Judgment text

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126+217 CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN, J. (ORAL) 2. Main Case 3. The landlord of them was filed on the ground of personal necessity and sub order passed by the learned Rent Controller and the Appellate Authority were challenged by the tenant by way of filing CR -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH versus HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN, J. (ORAL) The landlord-Rama Shankar filed two ejectment petitions. One of them was filed on the ground of personal necessity and sub order passed by the learned Rent Controller and the Appellate Authority were challenged by the tenant by way of filing CR IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 17.04.2026 ....…Petitioner .......Respondent HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN, J. (ORAL) iled two ejectment petitions. One of them was filed on the ground of personal necessity and sub-letting. The order passed by the learned Rent Controller and the Appellate Authority were challenged by the tenant by way of filing CR-4146-2015. The said iled two ejectment petitions. One letting. The order passed by the learned Rent Controller and the Appellate Authority 2015. The said AVTAR SINGH 2026.04.27 15:37 I attest to the accuracy and integrity of this document order/judgment revision petition was partly allowed; the findings of the Appellate Authority were upheld on the ground of personal necessity and the findings on the ground of sub question was ordered to be handed ove ground of personal necessity The said order has been upheld by the Hon’ble Apex Court vide order dated 21.11.2025, passed in SLP 4. Another filed by the tenant against the concurrent findings of the learned Rent Controller and the Appellate Court reached an order of ejectment of the same premises on the ground of material alteration. 5. The bearing No.CR 03.02.2016, passed by the Executing Court, in Ejectment Petition No.10, which was sought to be executed but the proceedings in the execution petition were stayed on the ground that this Court, vide order dated 08.03.2010, passed in CR Judgment Debtor 6. I have heard learned counsel for the parties and perused the documents on record. 7. The land stayed vide order (Annexure P order dated 13.03. has been upheld vide order dated 18.09.2025, passed on 4146-2015 on the ground of personal necessity and the same has been -2- ion petition was partly allowed; the findings of the Appellate Authority were upheld on the ground of personal necessity and the findings on the ground of sub-letting were reversed. The vacant possession of the shop in question was ordered to be handed over to the ground of personal necessity vide Order dated 18.09.2025 (Annexure P The said order has been upheld by the Hon’ble Apex Court vide order dated 21.11.2025, passed in SLP-32990-2025 (Annexure P Another Civil Revision bearing No.CR filed by the tenant against the concurrent findings of the learned Rent Controller and the Appellate Court reached an order of ejectment of the same premises on the ground of material alteration. The petitioner-landlord has filed bearing No.CR-3701-2016 for setting aside 03.02.2016, passed by the Executing Court, in Ejectment Petition No.10, was sought to be executed but the proceedings in the execution ition were stayed on the ground that this Court, vide order dated 08.03.2010, passed in CR-1513-2010, has stayed the ejectment of the Judgment Debtor-tenant. I have heard learned counsel for the parties and perused the documents on record. The landlord, by way filing execution petition, which has been stayed vide order (Annexure P-5), was seeking execution of the ejectment order dated 13.03.2015, passed by the Appellate Authority. The said order has been upheld vide order dated 18.09.2025, passed on 2015 on the ground of personal necessity and the same has been ion petition was partly allowed; the findings of the Appellate Authority were upheld on the ground of personal necessity and the findings on the letting were reversed. The vacant possession of the shop in r to the petitioner-landlord on the vide Order dated 18.09.2025 (Annexure P-6). The said order has been upheld by the Hon’ble Apex Court vide order dated 2025 (Annexure P-7). vision bearing No.CR-1513-2010 has been filed by the tenant against the concurrent findings of the learned Rent Controller and the Appellate Court reached an order of ejectment of the same premises on the ground of material alteration. filed the present Civil Revision for setting aside the interim order dated 03.02.2016, passed by the Executing Court, in Ejectment Petition No.10, was sought to be executed but the proceedings in the execution ition were stayed on the ground that this Court, vide order dated 2010, has stayed the ejectment of the I have heard learned counsel for the parties and perused the lord, by way filing execution petition, which has been 5), was seeking execution of the ejectment , passed by the Appellate Authority. The said order has been upheld vide order dated 18.09.2025, passed on this Court in CR- 2015 on the ground of personal necessity and the same has been ion petition was partly allowed; the findings of the Appellate Authority were upheld on the ground of personal necessity and the findings on the letting were reversed. The vacant possession of the shop in landlord on the . The said order has been upheld by the Hon’ble Apex Court vide order dated 2010 has been filed by the tenant against the concurrent findings of the learned Rent Controller and the Appellate Court reached an order of ejectment of the Civil Revision the interim order dated 03.02.2016, passed by the Executing Court, in Ejectment Petition No.10, was sought to be executed but the proceedings in the execution ition were stayed on the ground that this Court, vide order dated 2010, has stayed the ejectment of the I have heard learned counsel for the parties and perused the lord, by way filing execution petition, which has been 5), was seeking execution of the ejectment , passed by the Appellate Authority. The said order 2015 on the ground of personal necessity and the same has been AVTAR SINGH 2026.04.27 15:37 I attest to the accuracy and integrity of this document order/judgment further upheld by the Hon’ble Apex Court vide order dated 21.11.2025 (Annexure P- 8. In such circumstances, the execution of the ejectment order, passed by the learne the Hon’ble Apex Court, cannot be stayed, as such, the order dated 03.02.2016, passed by the Executing Court, is liable to be set aside. 9. Consequently, 2016, filed by the 03.02.2016, passed by the Executing Court, is set aside. 10. Whether speaking/reasoned Whether reportable -3- further upheld by the Hon’ble Apex Court vide order dated 21.11.2025 -7). In such circumstances, the execution of the ejectment order, passed by the learned Rent Controller which has been ultimately the Hon’ble Apex Court, cannot be stayed, as such, the order dated 03.02.2016, passed by the Executing Court, is liable to be set aside. Consequently, the present Civil Revision bearing No. filed by the petitioner-landlord, stands 03.02.2016, passed by the Executing Court, is set aside. Whether speaking/reasoned : Whether reportable : further upheld by the Hon’ble Apex Court vide order dated 21.11.2025 In such circumstances, the execution of the ejectment order, which has been ultimately upheld by the Hon’ble Apex Court, cannot be stayed, as such, the order dated 03.02.2016, passed by the Executing Court, is liable to be set aside. the present Civil Revision bearing No. CR-3701- landlord, stands allowed and the order dated 03.02.2016, passed by the Executing Court, is set aside. Yes/No Yes/No further upheld by the Hon’ble Apex Court vide order dated 21.11.2025 In such circumstances, the execution of the ejectment order, upheld by the Hon’ble Apex Court, cannot be stayed, as such, the order dated and the order dated AVTAR SINGH 2026.04.27 15:37 I attest to the accuracy and integrity of this document order/judgment