KHAZANO Vs. KANI RAM

JUDGEMENT

(1.) This revision arises out of the following circumstances. One Jai Gopal instituted a suit for ejectment and recovery of rent under section 13 of the Delhi and Ajmer Rent Control Act (Act No. 38 of 1952), hereinafter referred to as 'the Act', on 16th July, 1955, in respect of House No. 5346, situated in Basti Chamaran, Paharganj, Delhi. The defendants were Mst. Khazano, Tara Chand and Chandu Lal minor. The grounds for ejectment were non-payment of rent and bona fide personal requirement of the landlord. This suit was resisted by the defendants on various grounds but later on a compromisfe was arrived at and after obtaining the permission of the Court to enter into a compromise on behalf of the minor, Chandu Lal, the compromise was recorded and decree for ejectment was passed in terms thereof on 2nd February, 1956. According to the terms of the decree, it was executable after 16 months and after plaintiff Jai Gopal had deposited Rs. 3,700.00 in Court, which amount was to be paid to the judgment-debtors only when they had given vacant possession of the house. The suit with regard to the recovery of arrears of rent was dismissed and the parties were directed to bear their own costs.

(2.) On 6-6-1959 Jai Gopal decree-holder made an application for execution of the decree against the judgment-debtors who raised various objections to the execution of this decree. One of the objections raised was that the decree sought to be executed was' based upon a compromise and not upon any finding of the Court as required under scction 13 of the Act and so it was null and void and not executable. The executing Court, following the then existing decisions of the Punjab High Court, overruled this objection by an order dated 7-9-1960. An appeal was filed against this decision which was also dismissed by an order dated 30th October, 1961. A revision was filed before the High Court which was also dismissed on 19th December, 1962.

(3.) Jai Gopal sold his specific half share in the house in dispule in March 1962 to Kani Ram, and Babu Lal, th present respondents. In April 1962 he sold the remaining specific half share in the house in dispute to one Ramji Lal. Kani Ram, Babu Lal and Ramji Lal applied to the Court under Order 21, rule 16, Civil Procedure Code, and transfer in their favour was attested by the Court by order dated 13th June, 1963. They also made an application under scetion 19 of the Slum Areas (Improvement and Clearance) Act for obtaining permission of the competent authority to execute the decree, which was given to them by an order dated 23rd September, 1967. However, on 9th February, 1968, Ramji Lal sold his right, title and interest in a portion of the house in dispute to Tara Chand, one of the judgment- debtors. On 26th July, 1968, an application for execution was made against Mst. Khazano, Tara Chand and Chandu Lal minor, the judgment-debtors, by Kani Ram and Babu Lal. The judgment-debtors again raised various objections to the execution of the decree.