DULAREY LODH Vs. THIRD ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) This appeal by special leave against a judgment of the Allahabad High Court unfolds a tell-tale plight of an unfortunate litigant who, after obtaining a decree for ejectment, was driven from pillar to post to go the said decree executed. His attempts to get the said decree executed were stalled sometimes by objections filed by the tenant-appellant and sometimes by amendments made in the law with the result that even after 13 years of litigation the landlord-respondent was not able to set possession of the premises. This was because of a statutory amendment which made the decree obtained by him inexecutable and was, therefore, lying dormant and ineffective.

(2.) The legislature having realised the hardship of such landlords came to their rescue by in amendment in 1976 to the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, to be referred to as the '1972 Act') which was expressly given retrospective operation so as to revive the decrees which had become inexecutable.

(3.) When the appeal was heard and the arguments were concluded the respondents had made a good gesture in agreeing to allow the tenant two year's time to vacate the premises on giving the usual undertaking and accordingly we adjourned the case to enable the parties to come to a settlement. However, we were informed by counsel for the parties that no settlement could be reached; hence we have now to decide the case on merits.