HARDIT SINGH Vs. SURINDER NATH AND ORS

JUDGEMENT

(1.) Hardit Singh, petitioner filed a suit for possession against Surinder Nath and others respondent 1 to 3 being Suit No. 157 of 1962 of Court of the Subordinate Judge, 1st Class Delhi for the recovery of possession and mesne profits with respect to a Portion of Plot No. 7 Block No. 3 Original Road, Paharganj, New Delhi. The Suit was decreed by the trial court on 31st July, 1961. The first appeal was dismissed on 21st December, 1971 and the second appeal, R.S.A. No. 21 of 1972, Surinder Nath v. Hardit Singh etc. was dismissed by this court of 12th January, 1979. The petitioner on 11th August, 1978 filed a execution application for taking possession. When he went to the site he was resisted on 28th July, 1979. The petitioner decree-holder therefore on 23rd August, 1979 filed an application under order 21 rules 35 and 98 of the Code of Civil Procedure for grant of police aid. The decree-holder alleged that he was being resisted by Surinder Nath, judgment debtor, his associates, Manohar Lal, Darshan Kumar and Hindustan Glass & Plywood Co., Paharganj, New Delhi. Notice was issued. Respondent No. 4 Hindustan Glass & Plywood Co., a partnership firm allegedly consisting of Darshan Kumar and Smt. Lila Wati filed reply dated 11th October, 1979 alleging that the said firm was lawful tenant and occupant under the decree holder for more than 15 years, that it was in possession in its own rights as tenant, that its possession was not through the judgement debtors, that in a suit filed by the objectors against Delhi Development Authority decree was passed restraining it from dispossessing the objectors except by due process of law. It appears that the decree-holders did not file any reply to the reply of the objectors i.e. respondent No. 4. The executing court on 5th November, 1979 framed the following issues :

(2.) Learned counsel for the decree-holder submits that on 8th May, 1975 the objectors-respondent No. 4 filed Suit No. 226 of 1975 for permanent injunction alleging that they were tenants under the decree-holder since prior to 1964, that they were threatened to be dispossessed by the decree-holder and the Delhi Development Authority. The decree-holder in his written statement date 12th January, 1976 pleaded that the objectors were never tenants under him and it was also pleaded that the judgment debtor was in possession of the property in question. On 5th May, 1976 counsel for the objectors in that suit for injunction made the following statement :

(3.) The Subordinate Judge passed the following order on 5th May, 1976 :