MUNSHI Vs. ABDUL QADEER

JUDGEMENT

(1.) These two civil Revisions (Civil Revision Nos. 358-D and 359-D of 1966) raise a common question of law and are, therefore being disposed of by one judgment. Facts may be stated only in the case of Munshi Ram v. Shri Abdul Qadeer. C. R. 358-D of 1966.

(2.) On 1-6-1957, the respondents obtained a decree for ejectment against the petitioner Munsi Ram, their tenant, Munshi Ram was under the terms of decree to remain in possession till 31-5-1959, whereafter the decree was to be executable. The premises in respect of which this decree for ejectment was made are admittedly located in a slum area within the meaning of Slum Areas (Clearance and Improvement) Act, 96 of 1956 (hereafter described as the Slum Act). The respondents applied for permission to competent authority to execute the decree which was granted on 12-6-1964 under section 19 of the Slum Act. On 7-9-1965, the application for execution of the decree was presented and this revision arises out of those proceedings. The petitioner tenant objected under section 47 of the Code of Civil Procedure, pleading, inter alia, that the execution application was barred by time. On this plea, a preliminary issue was raised and the learned executing Court on 15-1-1965 held the execution application to be within limitation.

(3.) An appeal was taken by the petitioner-tenant to the Court of the Senior Subordinate Judge, but without success.