1993 (8) TMI 248

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..... Raj Kumar and others filed an application under section 13 of the East Punjab Urban Rent Restriction Act (for short "the Act") for ejectment of the respondents therein in respect of the premises constituting plot No. 2, Factory Area, Patiala, on the ground that the squatters had not paid or tendered arrears of rent since September, 1980, and they ceased to occupy the premises for a continuous .....

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..... tment application was allowed and the petitioners were ordered to be ejected from the premises by order dated September 23, 1988, passed by the learned Rent Controller. This order became final between the parties. Raj Kumar and others then took out execution of the said order and sought possession of the premises. Petitioner No. 2, the official liquidator, put in appearance in the execution proc .....

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..... ession of the premises, the order being illegal and incapable of being executed. It was also stated that order, exhibit A-4, dated June 10, 1983, passed by the Calcutta High Court did not allow the landlords to file an ejectment application. The decree-holders filed reply to the objection petition stating that they did file an application before the Calcutta High Court and it was accepted in appea .....

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..... I do not find any merit in the contention. This very objection was taken by the official liquidator, petitioner No. 2 before the learned Rent Controller. This objection was overruled and, as noticed above, it was held that such a permission had been obtained. While overruling this objection, the learned Rent Controller observed as under : "The permission of the High Court of Calcutta was obtaine .....

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..... the principle of res judicata . If such a plea is again allowed to be raised in execution proceedings by way of an objection petition, it will open a flood gate of litigations and will in other words permit the parties to rake up matters which have already been settled by a court of competent jurisdiction between them. Thus, it cannot be said that the order passed by the executing court is witho .....

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