ABDUL SHAKUR Vs. BARKAT ALI

JUDGEMENT

(1.) The judgment-debtors,, who had suffered a decree on 6.12.1957. are the petitioners in the revision petition, they have been successfully resisting the enforcement of the decree. A few facts which are necessary for the disposal of the revision petition could be stated thus.

(2.) The predecessor-in-interest of the Respondent obtained a decree for possession from the Rent Controller Court on 6.12.1957. The petitioners preferred an appeal before the Appellate Court on 4.8.1958. The appeal was dismissed. The predecessor- in-interest of the Respondents had to apply under Section 19 of the Slum Areas (Clearance & Improvement Act, 1956. That was rejected by the Competent Authority under that Act. Thereafter, the predessor-in-interest of the Respondents sold the property to the Respondents.

(3.) After their purchase, the Respondents applied for permission to the Competent Authority under Section 19 of the Slum Areas (Clearance & Improvement) Act, 1956. On 30.10.1971 the Competent Authority granted permission to the Respondents The Respondents filed execution petition on the strength of that permission granted by the Competent Authority. In that execution petition, the petitioners filed objections. One of the objections was that the transfer of the decree, which had been passed on the basis of personal bonafide requirement of Sh. Manak Chand (predecessor-in-interest of the Respondents) under the Delhi & Ajmer Rent Control Act, 1952 was illegal and void ab, initio and, therefore, the decree was not executable at the instance of the Respondents.