NIRMALA DEVI Vs. MOHINI DEVI

JUDGEMENT

(1.) THE present petition has been filed under Article 227 of the constitution of India challenging the order dated 25th May, 2007 passed by the Civil Judge, Delhi in execution proceedings being Ex. No. 66/2007 whereby the objections filed by the petitioners under Section 47 of the Code of Civil Procedure were dismissed. It is pertinent to mention that after filing of the present petition even the appeal filed by the petitioners before the court of Additional District Judge, Delhi has also been dismissed vide judgment and order dated 29th September, 2007.

(2.) MR. J. M. Kalia, learned Counsel for the petitioners submitted that the decree and judgment sought to be enforced was a nullity as it was without jurisdiction by virtue of Sections 14 and 15 of the Delhi Rent Control act, 1958 (hereinafter referred to as "the DRC Act") and, therefore, the execution proceedings were not maintainable.

(3.) IN this connection, Mr. Kalia pointed out that the disputes between pt. Bhagwat Kishore and Smt. Chawli Devi, the predecessor-in-interest of petitioners stood compromised by way of a settlement-agreement dated 7th december, 1950. The relevant terms of the compromise agreement are reproduced hereinbelow for ready reference:-