LAWS(DLH)-1981-11-38

UDAI LAL Vs. SAVITRI DEVI

Decided On November 23, 1981
UDAI LAL Appellant
V/S
SAVITRI DEVI Respondents

JUDGEMENT

(1.) This second appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is directed against the judgment and order of the Rent Control Tribunal dated 15th January, 1980 confirming the order of the Controller dated 3rd November, 1979 dismissing the objections of the appellant-judgment debtor. Brief facts are that Jagdish Parshad, predecessor of the respondents tiled an application for eviction of the appellant in this appeal as well in S.A.O. Nos. 76 and 77 of 1980. An order of eviction was passed on 3rd June, 1976. Unfortunately the landlord Jagdish Pershad decree-holder died on 20th November, 1976. His heirs respondents took out execution wherein the appellant in all the three appeals filed objections against execution on the ground that the heirs were not entitled to execute the order of eviction and that since the passing of the eviction order the Central Government had withdrawn the general circular requiring the Government servants to vacate the allotted accommodation or to seek eviction of tenants occupying their properties. These objections in the three appeals were dismissed by the Rent Controller as well as by the Rent Control Tribunal. Hence this second appeal.

(2.) Learned counsel for the respondent in all the three appeals has raised a preliminary objection that the appeals are barred by time. His objection is that in S.A.O. No. 58 of 1980 certified copies of the Tribunal'3 order and the order of the Rent Controller have not been filed. He submits that certified copy of the order of the Rent Controller was not filed in all the appeals. On merits, learned counsel submits that the executing court cannot go behind I he decree and cannot take notice of the subsequent events as alleged by the appellant.

(3.) The objections by the three tenants were disposed of by a common judgment. Three appeals were also disposed of by a common judgment. Certified copy of the impugned order of the Tribunal dated 15th January, 1980 was filed by the appellant in S.A.O. Nos. 76 and 77 of 1980. Under the proviso to Order 41 rule 1(1) of the Code of Civil Procedure the appellate court has power to dispense with the filing of more than one copy of the judgment where two or more suits have been disposed of by common judgment. The three appeals before the Rent Control Tribunal were disposed of by a common judgment dated 15th January, 1980 and therefore I dispense with the filing of the certified copy of the Tribunal's order in S.A.O. No. 58 of 1980.