RAM SINGH Vs. NATHI LAL

JUDGEMENT

(1.) The question in this second appeal is whether the suit for possession on the basis of title is maintainable against the heirs and legal representatives of a statutory tenant or such a suit is barred under Section 47 of the Code of Civil Procedure.

(2.) Briefly the facts are that one Shri Beni Pershad Soni, was owner of the house bearing Municipal No. 8443-45/XV Arya Nagar, Paharganj, Delhi. Sita Ram was his tenant in one room and a verandah on the ground floor. The tenant was in arrears of rent, and had sublet the premises without his consent. A suit for ejectment under Section 13(1) of the Delhi and Ajmer Rent Control Act, 1952 (hereinafter referred to as 'The Act of 1952') was filed against him on 31st May, 1957. A decree for eviction was passed on 14th January, 1958 and a period of one year was granted for vacation of the premises.

(3.) The said house was declared as Slum Area within the meaning of Section 3 of the Slum Areas (Improvement & Clearance) Act, 1956 (hereinafter referred to as 'the Slum Areas Act'). The decree-holder, it appears, did not take steps to obtain permission to execute the decree for eviction under Section 19 of that Act. On 5th August, 1960 Shri Beni Pershad Soni sold the said house to Shri Ram Singh, the plaintiff. Shri Sita Ram judg- ment debtor died in April, 1966.