ISHWAR SINGH SAINI Vs. SARASWATI DEVI

JUDGEMENT

(1.) ORDER impugned before this Court is the order dated 07.6.2011 vide which the application filed by the plaintiff under Section 14 of Limitation Act accompanying the suit filed by him (which was a suit for declaration) had been allowed and the period of limitation for which he had sought exclusion, i.e. the period between 20.12.2004 to 02.11.2007, had been permitted.

(2.) RECORD shows that an eviction petition had been filed by the petitioner Ishwar Singh Saini under Section 14(1)(a) of the Delhi Rent Control Act against a purported tenant; this petition was decreed; contention of the non -applicant Sarswati Devi is that she is in possession of the aforenoted property; it was only when the bailiff came to execute the decree she learnt about those proceedings. In the executing court she had filed two applications; the first application had sought impleadment in the aforenoted proceedings pending before the executing court and the second application was the objections filed by her disputing the decree; her contention being that this decree had been obtained by fraud and she being in possession of the property has been directly affected by the aforenoted dercree which had been obtained by Ishwar Singh Saini, the same was liable to be set aside.

(3.) IT is thus clear that the objections of the objector and her application for impledment in the aforenoted proceedings yet remained undecided. Vehement contention of the petitioner before this Court is that these objections had in fact been withdrawn by the objector; this does not find mention in the record; this is a wrong submission. The objections could not be decided as the petitioner Ishwar Singh Saini had chosen to withdraw his execution petition; contention being that Sarswati Devi has already filed a separate suit for possession; as such he did not wish to pursue this execution petition.