BRIJ MOHAN LAL Vs. DURGA DEVI

JUDGEMENT

(1.) This revision petition by the landlord-decree- bolder is directed against the order dated 22-7-1978 passed by the executing 500 court whereby the execution application filed by the petitioner was dismissed on the ground that the decree had become anullity by amendment of section 2 of the Delhi Rent Control Act.

(2.) The brief facts, leading to this petition, are that the petitioner-landlord obtained a decree for possession of the premises in dispute on 2-1-1973. The decree was confirmed by this Court in Regular Second Appeal on 1-9-1975. The petitioner filed the execution application being execution case No. 160 of 1975 on 4-12-1975. By that time, the Delhi Rent Control (Amendment Ordinance 1975) bad come into effect. By the said Ordinance the definition of tenant as appears insection 2(1) of the principal Act was amended. By amendment it was provided that in the event of death of the person continuing in possession after the termination of the tenancy subject to the order of succession and conditions specified, respectively, in explanation I and explanation II of this clause such of the aforesaid persons : "(a) spouse (b).....................and (e) ................................. as had been ordinarily living in the premises with such person as a member or members of his family upto the date of his death, were included in the definition of the word "tenant"." Section 4 of the Ordinance was to the following effect : "4. Nothing contained in the principal Act, as amended by this Ordinance shall be deemed to authorise the re-opening of any proceeding for: (a) the fixation of standard rent in relation to any premiles to which the principal Act applies ; and (b) the eviction of any person from any premises to which the principal Act applies ; and (e) any other matter which the Controller is empowered, by or under the principal Act, to decide. 5. If such proceeding had been finally disposed of before the commencement of this Ordinance : Provided that if, in relation to any proceeding which had been finally disposed of before the commencement of this Ordinance, the Controller is satisfied that the landlord had not recovered possession of the premises in relation to which the decree or order for eviction of the person in possession thereof was made, he shall, if such person by a written application made within ninety days from such commencement so desires, set aside such decree or order and re-open the proceeding for such eviction and decide such proceedings in accordance with the provisions of the principal Act as amended by this Ordinance."

(3.) Inaccordance with the aforesaid provisions of the Ordicance, the respondent-tenant filed an application for reopening of the proceedings on 501 8-12-1975. This fact was brought to the notice of the executing Court and the executing court framed the following issues on the pleadings of the parties; "1. Whether the applicant/J.D. has become tenant under the decree- holder as alleged ? 2. Relief."