ZAHEER Vs. SAYEED NAUSHAD ALI

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of the Additional Rent Control Tribunal (ARCT) dated 14.02.2002 which has endorsed the finding of the Additional Rent Controller (ARC) whereby the application filed by the applicant Zaheer seeking stay of the issuance of the warrants of possession and breaking open the locks of the disputed premises had been dismissed.

(2.) RECORD shows that an eviction petition has been filed by Zaheer against Sayeed Naushad Ali under Section 14(1)(e) of the Delhi Rent Control Act (hereinafter referred to as the DRCA); this eviction petition had been decreed in favour of the landlord on 31.7.1984; review petition against the said order also dismissed by the ARC on 24.11.1988. On the date of the dismissal of the review petition warrants of possession had been ordered qua the disputed premises.

(3.) THERE is no dispute to the fact that Order XXI of the Code of Civil Procedure (hereinafter referred to as the Code) is a complete Code in itself. Order XXI Rule 11 postulates the manner in which an execution petition has to be filed; for a money decree, there is no bar in preferring this execution petition even orally.