SIRAJUDDIN Vs. PREM VANTI

JUDGEMENT

(1.) This Revision Petition has been filed by a Judgment-debtor, Sirajuddin, against the Judgment and order of Shri D. R. Khanna, Additional Senior Subordinate Judge, Delhi, dated 3rd March, 1967, in Misc. Civil Appeal No. 15 of 1967 confirming the order, dated 10th February, 1967, of Shri G. C. Gupta, Subordinate Judge, 1st Class, Delhi, in Execution Case No. 84 of 1966 in Suit No. 540 of 1956 on his file.

(2.) The respondent decree-holder, Smt. Prem Wati, is the landlord of the premises No. 8166, Mohalla chimney Mill, Bara Hindu Rao, Delhi, and the petitioner Judgment-debtor was originally a tenant of the said premises. The respondent filed the above mentioned suit against the petitioner for his ejectment on the ground that she required the premises for her personal requirements. The suit was decreed under the provisions of the Delhi and Ajmer Rent Control Act 38 of 1952 on 27th March, 1957. The petitioner judgment-debtor was granted 15 months to vacate the premises. The said period of time expired on 26th June, 1958. But the property happened to be within a Slum Area governed by the Slum Areas (Improvement & Clearance) Act No. 96 of 1956. The respondent had, therefore, to apply to the Competent Authority under the said Act for permission to execute the decree. She filed the application on 20th December, 1960. But, the Competent Authority refused to give the permission, and dismissed the application on 17th April, 1961.

(3.) Against that order, the respondent filed an appeal on 9th May, 1961 before the Chief Commissioner under section 20 of the said Slum Areas Act. During the pendency of the appeal, the respondent received on 3rd April, 1962 a sum of Rs. 187/8.00 from the petitioner towards arrears of rent for the period from November 1959 to April 1962 at the rate of of Rs. 6/4.00 per month, and issued a recepit, Ex. J.D.W. 5/3. The appeal before the Chief Commissioner was dismissed on 8th May, 1962.