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Judgment
The petitioner is stated to be the tenant in the land of respondent Nos.4 to 9
since the time of his fore-fathers. The said respondents No.4 to 9 filed a petition under
Section 14 (a)(i) read with Section 9 of the Punjab Security of Land Tenure Act, 1953
for ejectment of the petitioner on various grounds including that the rent had not been
paid. An order dated 05.05.2016 for eviction of the petitioner was passed by
respondent No.3.
It is the case of the petitioner that the said order was passed without
service of any notice to the petitioner. Neither any notice was served nor any munadi
was conducted. The petitioner filed an appeal against the said order, which is pending
before respondent No.2. Along with the appeal, the petitioner has filed an application
for stay of the order dated 05.05.2016 but no order thereon has been passed.
On the execution application filed by the respondents No.4 to 9, the
warrants of possession has been issued by respondent No.3.
The limited prayer of the petitioner in this case is that pending the decision
on his stay application in the appeal filed by the petitioner, the proceedings in
execution application including warrant of possession be directed to be stayed.
In view of the limited prayer of the petitioner, this petition is being
disposed of without issue of notice to the respondents.
Accordingly, this petition is disposed of with a direction to respondent
No.2 to decide the application for stay (Annexure P-4) within a period of three months
from the date of receipt of a certified copy of this order. Pending decision on his stay
application in the appeal filed by the petitioner, the proceedings in the execution
application including execution of the warrant of possession shall remain stayed.