RAJESHWAR NATH GUPTA Vs. LAKHBIR SINGH

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India for quashing an order dated 29th January, 1963 passed by Shri M. S. Rohilla holding that the orders dated 25th April, 1978 passed by the trial Court during the pendency of the suit is not executable after the passing of the decree in Suit dated 26th April, 1978 and, therefore, the application lor grant of police aid for execution of that order was not maintainable.

(2.) For appreciating the facts of the case. it will be necessary to give some details to the nature of the suit and various orders passed by the learned trial Court culminating in the order dated 25th April, 1978.

(3.) A licence deed was executed by which a licence was given jointly to Shri Lakhbir Singh and Sh. K. K. Khanna (since decreased), respondent Nos. 1 and 2 herein by the petitioner Sh. Rajeshwar Nath Gupta, for use of rooms 1 and 2 (combined) and room No. 3 on the first floor of premises; No. 8-A Block, Connaught Place, New Delhi (also known at Kashi House) with effect from 15-2-1971 at Rs. 631- per day. It was agreed that the petitioner will open the locks of the rooms in the morning. The rooms would be got cleaned by the petitioner. Respondent Nos. 1 and 2 would be allowed to use the said rooms for office work during the specified house and the premises would be locked by the petitioner in the evening and the keys would be kept by the petitioner. On 9th March, 1971 a company in the name of Skippers Travels International Private Limited (respondent No. 3) was incorporated and respondent Nos. 1 and 2 were its joint Managing Directors. Respondent Nos. 1 and 2 were carrying on travel agency business under the name of the said company and they were also doing other business in partnership in the said rooms 1 & 2 (combined) and 3 which they had be in allowed to use for office purposes'. The licence was renewed from time to time during the period 15th December, 1971 to 31st May, 1984. The licence was granted for the last time to respondent Nos. 1 and 2 for the use of the said rooms on 1st June, 1974. The period of licence expired on 27th March, 1975. Thereafter Respondent Nos. 1 and 2 did not want to sign fresh licence deed but insisting on using the rooms as before. Petitioner accordingly filed a suit on 9th May, 1975 to restrain respondent Nos. 1 and 2 from interfering with the possession of the petitioner and creating nuisance in the premises. This suit was registered as Suit NQ. 162 of 1975 and was assigned to the Court of Shri Dinesh Dayal, Sub Judge 1st Class, Delhi.