SAVITRI MALHOTRA Vs. RAM NATH MALHOTRA

JUDGEMENT

(1.) On 29th October, 1971, a decree was passed in S.No.275/67 for possession by partition of portion of house No.J-III/67, Lajpat Nagar, New Delhi shown red in the plan with appurtenances to the constructed portion comprising 3' 6" wide passage running on North -Western side of the aforesaid constructed portion and the open space towards the South-East of the constructed portion shown by letters A, B, C, D, E, F, and P, Q, R, S on the plan which formed part of the portion allotted to the plaintiff on the basis of family arrangement dated 24th July, 1966.

(2.) Execution petition was filed on 19th September, 1981 for execution of the said decree. Notice of the execution petition was directed to be issued to Mr.R.N.Malhotra, judgment debtor, who appeared in person in Court on 20th October, 1981 and was allowed time to file the reply. Unfortunately, before reply could be filed, he died on 4th November, 1981. On 25th November, 1981, the Court directed notice to be issued to the legal heirs of the judgment debtor, returnable on 7th December, 1981. The notices were served upon the legal heirs of the deceased judgment debtor on 5th December, 1982. It appears that before the said notices were served upon the legal heirs, Smt.Santosh Malhotra, widow of the judgment debtor, by means of a sale deed, transferred the whole of the property bearing No.J-III/30, Lajpat Nagar, New Delhi to Shri Dhan Raj Gupta and possession of first floor of the property was also given to him. On 20th November, 1981, the Court was informed that no decree had been framed in the suit and the decree holder was directed to file a certified copy of the decree sheet. On 18th January, 1982, non-judicial stamp papers of Rs.300.00 were filed by counsel for the decree holder for preparing the decree. By an order dated 1st February, 1982, the Court gave a direction that office should assess the quantum of stamp duty payable for preparing the decree sheet and that in case the stamp papers which had been filed by the decree holder were in order, the decree sheet should be prepared.

(3.) The legal representatives of the deceased judgment debtor were substituted on 28th July, 1982 and on 5th November, 1982, warrants of possession were issued returnable on 15th December,1982.