KRISHAN KANT Vs. TULSI BHAI GORDHAN BHAI PATEL

JUDGEMENT

(1.) This civil revision has been brought against judgment dated April 16, 1985 of Sh. B. S. Chaudhry, Additional District Judge by which he has dismissed the appeal brought by the appellant against the order dated February 18, 1978 of Sh. R. N. Jindal, Sub-Judge whereby he dismissed the objection petition filed by the objectors-appellants in execution application No. 117/71.

(2.) Facts in brief are that Moti Sarup, since deceased, predecessor-in-interest of the present petitioners was a tenant in the premises bearing Municipal No. 3143/IX situated at Lal Darwaza, Bazar Sita Ram. The respondents had filed an eviction petition against Moti Sarup under the provisions of Delhi and Ajmer Rent Control Act, 1952 on 6th January, 1959. The said suit for ejectment was decreed by Shri H. S. Ahiuwalia, Sub Judge, 1st Class on March 21, 1960. The appeal was dismissed by the appellate court against the judgment and decree of the lower court on March 27, 1962 and a revision petition filed in the High Court was dismissed on August 29, 1962.

(3.) As the law then stood, the respondents applied for getting permission from the Competent Authority under the Slum Areas (Improvement and Clearance) Act, 1956 for executing the eviction decree against Moti Sarup. The permission was declined. The respondents, threafter, filed a civil suit seeking possession of the premises on the averments that as the eviction order stood passed against the tenant, Moti Sarup, he had ceased to be tenant or in lawful possession of the premises in question so he was bound to surrender possession of the premises to the respondents. It so happened that the law which was being interpreted by the High Court at that time, helped the respondents in getting a decree for possession from the civil court against Moti Sarup on March 30, 1966. Appeal filed by Moti Sarup was dismissed by the first appellate court on October 28, 1966. Moti Sarup filed a second appeal which was No. RSA 23167. During the pendency of this appeal in the High Court, Moti Sarup died in August, 1967 and the present petitioners being his legal representatives were substituted as appellants in place of Moti Sarup. By the time the appeal came up for decision a Full Bench of this High Court decided the legal issue regarding the status of an ex-tenant against whom the eviction order was passed vis-a-vis definition of tenant given in the Slum Areas (Improvement and Clearance) Act, 1956. The said judgment is reported as Bardu Ram v. Ram Chander, (1970 RCJ 1078) (1). It was held in that judgment that for the purposes of the provisions of Slum Areas (Improvement and Clearance) Act, the person, against whom a valid eviction order had been passed, continues to be covered by the definition of tenant given in the aforesaid Act and thus, no civil suit was maintainable for getting possession from such a tenant and the landlord was bound to obtain requisite permission from the Competent Authority under the said Act before executing the eviction decree. Following the aforesaid judgment D. K. Kapur, J. on August 5, 1971 allowed the appeal and set aside the judgments and decrees of the lower courts.