B M RAJANNA Vs. K S LINGAPPA

JUDGEMENT

(1.) THIS revision petition is by the judgment-debtors. By the impugned order, the executing Court has dismissed LA. No. 3 filed by the petitioners/judgment-debtors (tenants) to dismiss the execution petition in Execution case No. 1227 of 2002.

(2.) HEARD Sri G. S. Visveshwara, learned Senior Counsel appearing for the petitioners and Sri P. D. Surana, learned Counsel appearing for the respondent and perused the impugned order of the executing Court.

(3.) THE execution petition was filed pursuant to the eviction decree passed in HRC No. 99 of 1994 which was affirmed in HRRP No. 169 of 1998 by granting time till 31-12-2002 to vacate the premises. The petitioners/judgment-debtors filed the aforesaid application-I. A. No. 3 on the ground that the eviction decree had become unexecutable in view of the fresh lease deed dated 1-1-2003 granting lease for a period of one year from 1-1-2003. On a consideration of the matter, the executing court has dismissed the said application by the order impugned herein.