LAJWANTI Vs. LAL CHAND

JUDGEMENT

(1.) This is an appeal by special leave from a judgment and order of the Punjab High Court in Letters Patent Appeal No. 405 of 1958.

(2.) The matter arises out of an application for execution of an order for possession passed on a compromise between the parties. The Division Bench of the Punjab High Court felt itself unable to help the decree-holder because of an earlier decision in the execution proceedings which was held to constitute res judicata against her. The main question for consideration is, whether it was right in doing so.

(3.) The relevant facts are as follows. As far back as April 1950, Harbans Lal, the late husband of the appellant before us, obtained an order for eviction from the Rent Controller against Lal Chand and Ram Rattan Dass Jain in respect of certain premises which were being used as a factory. This decree was upheld in appeal and in July 1951 the decree-holder applied for execution. The court bailiff made a report dated the 14th July 1951 that on his going to give delivery of possession resistance was offered by a number of persons and being apprehensive of breach of peace he could not effect delivery of possession. The judgment-debtors appear to have approached the Department of Industries and informed them of the attempt at their eviction by the decree-holder. The copy of a letter from the Extra Assistant Director of Industries to the Chief Inspector of Factories dated July 18, 1951 exhibited at the instance of the judgment-debtors goes to show that the machinery installed in the factory could not be removed without the prior permission of the Chief Inspector of Factories. Obviously the judgment-debtors wanted to thwart the decree-holder from getting possession through court by invoking the aid of the East Punjab Factories (Control of Dismantling) Act XX of 1948, hereinafter referred to as the Act. The judgment debtors applied for stay of execution of the decree on August 23, 1951. The Subordinate Judge issued notices but did not grant stay. On appeal the District Judge accepted the appeal noting that the Subordinate Judge had not given any finding about the applicability of the Act. He had before him the report of the bailiff that possession of the premises could not be given over as there were machinery stored therein. By order dated October 11, 1951 he directed the Subordinate Judge to decide the objections under the Act.