ALAUDDIN Vs. HAKIM SYED HUSSIAN

JUDGEMENT

(1.) This petition is directed against the order dated 7.1.1999 passed by the learned Civil Judge whereby the application filed by the Judgment debtor for rejection/dismissal of execution proceedings instituted by the decree holder was dismissed.

(2.) Briefly stated the facts leading to the petition are that respondent/decree holder filed a suit for possession and arrears of rent, damages etc. against the petitioner/judgment debtor in respect of property in question. The said suit was decreed on 23.5.1978 and the appeal therefrom was dismissed on 7.3.1981. The provisions of Slum Areas (Improvement & Clearance) Act were made applicable to this area vide notification No. D/L.B./1850/175/81 dated 2.5.1981 published on 28.5.1981. The decree holder/respondent herein filed the execution petition on 28.4.1982. A subsequent notification dated 3.8.1988 was issued whereby Slum Act ceased to apply to this area. In the meantime, the Execution proceedings could not proceed for one reason or other. Ultimately on 16.10.1998, petitioner filed an application before the executing court seeking dismissal of the execution proceedings on the ground that the same was filed without prior written permission of the competent authority (slum) as the area in which property is situated, was declared a slum area by the Delhi Gazette published on 28.5.1981 vide notification no. D/L.B./1850/175/81 dated 2.5.1981. Therefore, in view of Section 19 (1Kb) of the Slum Areas (Improvement and Clearance) Act which prohibits execution proceedings arising from any decree or order in any suit in respect of properties situated in slum areas without prior permission of the competent authority. This application was opposed by the decree holder/respondent. After considering the respective submissions of learned counsel for the parties, learned Civil Judge dismissed the said application vide impugned judgement dated 7.1.1999. Feeling aggrieved, petitioner has preferred this revision petition.

(3.) I have heard learned counsel for the parties and perused the records.