KASHI RAM Vs. RAKESH ARORA

JUDGEMENT

(1.) This appeal by special leave arises from the order of the High Court of Delhi dated 17th of July, 1981 dismissing the second appeal in limine against the order dated 2nd July, 1981 in R.C.A. No. 871 of 1980 of the Rent Control Tribunal, Delhi.

(2.) The order of eviction in this case on the ground of bona fide requirement of the landlord was passed by the Rent Controller on or about 15th of October, 1960. There was an appeal from the said order of the Rent Controller and the appeal was dismissed on or about 9th October, 1961 by the Rent Tribunal. In May 1962 the respondent filed an application before the Competent Authority under S.19 of the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter called 'the Slum Act') for permission to execute the order of eviction.

(3.) On or about 21st of March, 1963 the said application was dismissed by the Competent Authority under the Slum Act. In the meantime in January, 1964, the Limitation Act, 1963 came into operation. On the 19th of April, 1978, the respondent filed a second application before the Competent Authority for permission to execute the order of eviction. In June, 1979 permission was granted by the appropriate authority under the Slum Act. On 28th of August, 1979 the appeal from the said Rent Controller was dismissed by the High Court. Thereafter on or about 25th of September, 1979 the respondent herein filed an application before the Rent Controller for execution of the decree. Objections under S. 47, O. 21 R. 22 and S. 151 of Civil P.C. were filed on behalf of the appellant. On 22nd of August, 1980 order was passed by the Rent Controller that the execution application was not barred by limitation. Execution was stayed, however, to decide, the question of fresh tenancy.