CHHOTEY Vs. MOHAMMAD YASIN

JUDGEMENT

(1.) The appellant objector filed an appeal before the Rent Control Tribunal and asked for interim stay which was refused vide order dated 3-8-1976. Thereafter the objector filed an appeal to this Court which was admitted on 20-8-1976 and further proceedings have been stayed in the court below.

(2.) On 11-5-1963 Mohd. Yasin and Mohd. Ahmed filed an application against Ahmed Hussain father of the present appellants. During the pendency of the proceedings in the Court of the Rent Controller, Mohd. Ahmed stated that he has sold his share to Mohd. Yasin and thereafter the name of Mohd. Ahmad was struck off from the array of the parties. Decree of eviction was passed in favour of Mohd. Yasin alone on 28-11-1964. The appeal of Ahmad Hussain was dismissed as withdrawn before the Rent Control Tribunal on 4-6-1965 and he undertook to vacate the said property by 15-12-1966.

(3.) Ahmad Hussain having refused to vacate the premises the decree-holder took steps under the Slum Areas Act seeking permission to execute the decree. Before however the competent authority could dispose of the application Ahmad Hussain died on 3-11-1974.