NIKKU Vs. RAMESH KUMAR ARORA

JUDGEMENT

(1.) Heard.

(2.) This petition has been preferred against the order dtd. 6/8/2022 passed in Execution Case No.1489/2003, whereby, the application preferred by the petitioners/judgment-debtors under Order 21 Rule 29 of CPC, has been dismissed with a cost of Rs.1000.00.

(3.) Brief facts of the case are that respondent No.1 Ramesh Kumar Arora has filed a Civil Suit No.2-A/2002 against the present petitioners and respondent No.2, for eviction of the shop situated at Circular Market, Bhilai and for arrears of rent and damages. The said suit was decreed in favour of respondent No.1 vide judgment dtd. 19/4/2003, which was affirmed by this Court vide judgment dtd. 21/8/2018 passed in FA No.107/2003, (preferred by respondent No.2 " Wazir Chand). In the said judgment, it has categorically been mentioned that the present petitioners, who were defendants No.1 and 2 in the said case, were inducted as tenants from the year 1998 and defendants 2 and 3 have not paid any rent to the Landlord after 21/5/1992 and therefore, defendants 1 and 2 are further liable to pay damages for occupation of the premises, to the plaintiffs @ Rs.1500.00 per month from July 1993 till the vacant possession of the premises is handed over to the plaintiffs. Hence, the judgment and decree passed by the Court below for possession, arrears of rent as also damages was affirmed.