NEENA BHAGAT Vs. LAJ SHARAN KAUR

JUDGEMENT

(1.) BY this order, I propose to decide the present petition filed by the petitioners under Article 227 of the Constitution of India assailing the order dated 7th May, 2013 whereby the application under Section 144 CPC filed on behalf of respondents No.1, 2 & 4 for passing an order for restitution of the possession of the premises bearing No.51, R.B. Boota Singh Building, Khyber Pass, near Timarpur, Delhi (hereinafter referred to as the Suit Premises) was allowed and the petitioners were directed to restore and put the said respondents into the possession of the suit premises.

(2.) FEW relevant facts which are necessary to be mentioned for the purpose of deciding the present petition are that in the year 2003, Smt.Jasbir Kaur, the mother of the petitioners, filed a suit for possession and mesne profits against the respondents, bearing Suit No.61 of 2003, on the ground that the status of the respondents is that of trespassers. Smt.Jasbir Kaur died. An application under Order XXII, Rule 3 CPC was filed and the petitioners were substituted in place of Smt.Jasbir Kaur. As per the petitioners, the respondents despite of sufficient service did not appear and they were proceeded ex parte vide order dated 24th July, 2003. After recording the evidence, an ex parte judgment and decree was passed on 24th December, 2009 in favour of the petitioners and against the respondents.

(3.) IT is the case of the petitioners that after obtaining the possession in the execution proceedings, the suit premises was renovated by the petitioners incurring substantial expenditure and thereafter, the same was leased out on 1st August, 2012 to Sh.S.Hardeep Singh Chadha who is in occupation of the premises in question.