CHIRANJIT LAL Vs. MAN BHAUTI

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure (for short 'the Code') is directed against the judgment and order dated 19th January, 1984 of the Subordinate Judge, Delhi dismissing the petitioner's application for bringing him on record as legal representative of the deceased judgment debtor Murari Lal.

(2.) There arc the brief facts. Murari Lal judgment debtor was in possession of a room on second floor of House No. 4902 Gali Dakoton Wali, Laddo Ghati, Paharganj, New Delhi. Smt. Man Bhauti, respondent No. I filed a suit for possession and recovery of damages against him with respect to the said premises. The suit was decreed on 12th November, 1975.

(3.) Smt. Savitri Devi, respondent No. 2 on 18th January, 1982 filed an application for execution of the said decree for possession. She alleged that she purchased the entire property including the premises in occupation of Murari Lal judgment debtor by means of sale deed dated 22nd October. 1981 and supplementary sale deed dated 15th December, 1981 executed by Man Bhauti respondent No. 1. Notice of the execution was issued to the judgment debtor who filed objections dated 16th April, 1982 under Section 47 of the Code, alleging that the decree was inexecutable, that Savitri Devi had no right, title or locus standi to execute the decree, the decree was void ab initio and there was inherent lack of jurisdiction in the court passing the decree, that the jurisdiction of the court was barred by Section 50(1) of the Delhi Rent Control Act, 1958, that the decree was obtained by fraud and misrepresentation besides others. Smt. Savitri Devi filed reply dated 7th May, 1982 denying the objections.