LAWS(DLH)-1986-1-53

RAM ANAND Vs. GURDIAL CHAND

Decided On January 01, 1986
RAM ANAND Appellant
V/S
GURDIAL CHAND Respondents

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India the petitioner has challenged an older dated 22nd March, 1984 passed by the Competent Authority (Slum) III whereby the Competent Authority dismissed an application filed before it for permission to execute a decree for eviction already obtained by him against the respondents.

(2.) The Competent Authority dismissed the application on two grounds ; namely that the application was in Form CCC was not in Form CC, and that it was not accompanied by certified copy of the eviction order.

(3.) The facts alleged in the petition under Article 227 of the Constitution are that the petitioner, Sri Ram Anand, obtained an order of eviction of the respondents from the Court of the Additional Rent Controller by order dated 21st December, 1964. This order of eviction was passed on the ground of bona fide requirement of the landlord/petitioner. It is further averred in the petition that this order was affirmed by Shri P.S. Pattar, Rent Control Tribunal, Delhi, by his order dated 17th May, 1965. It is further alleged that the tenants filed an appeal namely SAO No. 228-D of 1965 which was also dismissed by order of Sachar, J. dated 25th August, 1970. It is further averred in the petition that since the premises in dispute situate in Slum Area, the petitioner made an application before the Competent Authority for permission to execute the eviction decree but the same was dismissed on 18th December, 1973. It is further averred that since the financial status of the tenants has improved, he made the second application on or about 2nd August, 1977 for permission to execute the aforesaid decree.