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| Objection Petition in Execution Petition |
In the name of ALLAH, the most beneficent, the most
merciful
Format of Objection Petition in Execution Petition in rent case
When
an order in Eviction Petition is passed by the Rent Tribunal in favour of landlord
against tenant, and its execution petition is also filed by the landlord, the tenant
can file Objection Petition. Following is the
sample of objection petition in Execution Petition in rent case.
IN THE COURT OF SPECIAL JUDGE
(RENT) / RENT TRIBUNAL ,
______________ Versus
______________
EJECTMENT PETITION
EXECUTION PETITION
OBJECTION PETITION ON EXECUTION AND FOR
CANCELLATION OF WARRANTS OF ARREST ISSUED BY THIS HONOURABLE COURT VIDE ORDER
DATED ____________
1.
That the above said execution petition is pending before
this Honourable Court and is fixed for
2.
That the decree holder has obtained the impugned decree
3.
That according to the impugned decree, the judgment
debtor was ordered to pay rent and arrears of rent @ Rs. 75,000/- to the decree
holder from February 2020 till decision of Ejectment Petition i.e February 2021.
In fact, judgment was not liable to pay the rent or arrears of rent for the
reasons detailed below.
4.
That during the period of tenancy, when the judgment
debtor tried to pay the rent to the decree holder, she refused to receive, consequently,
the judgment debtor approached to this Honourable Court for depositing the rent
amount and with the permission of this Honourable Court, the judgment debtor deposited
rent amounts of Rs. 4,50,000/- for 06 months of i.e from September 2020 to February 2021, in the account of this Honourable
Court bearing No. RD/G-55654, in National Bank, District Courts Branch,
5.
That furthermore, before announcement of order/
decree, it was settled between the
judgment debtor and decree holder that the judgment debtor will vacate the suit
shop before March 2021 and will handover its possession to the decree holder, and
the decree holder will also be bound to withdraw the above titled ejectment
petition and will not take any legal proceedings. As per settlement state above,
the judgment debtor handed over possession of the suit shop to the decree
holder and paid the entire amount of rent in the court detailed above, but
despite of this, the decree holder did
not withdraw above titled Ejectment Petition and obtained the decree dated _________by
fraud and concealment of facts and later on, also filed Execution Petition, in
which the warrants of arrest has also been issued by this Honourable court
against the judgment debtor on ____________
6.
That it is very relevant and important to mention
here that the version of plaintiff regarding
vacation of the suit shop is
supported by the report of Bailiff dated ________, which clearly mentions
that the suit shop is found to be closed
for the last more than 02 months. Adds, that the judgment debtor had no reason
or purpose to retain possession of shop and keep it closed.
7.
That controversy between the parties requires evidence, and same cannot be resolve white framing of issues but the
this Honourable Court did not taken into consideration this important factor and straightway dismissed
the application for leave to contents
filed by the judgment debtor.
8.
That since the tenancy was started, Four Rent Agreements were executed regarding the suit shop and
that too with different persons. First
Rent Agreement dated
9.
That the Special Power of Attorney dated 10-08-2006 was
executed by decree holder in favour of one ____and same was still intact till
the decision of the impugned decree but despite of execution of special power
of attorney, the decree holder sent the legal notice No. _____dated _____personally
to the judgment debtor. When, she has already given power of attorney to the attorney
holder, the attorney holder was entitled to deal the matters with regard to
suit shop or to send legal notice. The
attorney holder on the basis of said Power of Attorney had been receiving monthly rent from the
decree holder but did not issue any
receipt thereof. On this matter, hot words were also exchanged with regard
to non issuance of receipt of rent.
10.
That an amount of Rs. 1,00,000/- was paid by the
judgment debtor to the decree holder as security amount.
PRAYER:
It is therefore respectfully prayed that the Objection
Petition may kindly be accepted, and warrants
of arrests issued against the judgment debtor by this Honourable court vide
order dated 08-05-2021 may kindly be cancelled/ withdrawn, in the interest of
justice. Further prayed that security amount of Rs. 1,00,000/- and rent of 6
months of Rs. 4,50,000/- (stated above) already paid by the judgment debtor may
kindly be adjusted and judgment debtor be set free from liability of payment of
rent.
Objection Petitioner
Through