PUKH RAJ JAIN Vs. PADMA KASHYAP

JUDGEMENT

(1.) Late Shri K. C. Kashyap who was the husband of respondent No. 1 and father of respondent No. 2 let out the property bearing No C-4/33Safdarjung Development Area, New Delhi to Shri Pukhraj Jain, appellant herein for a limited period of three years after obtaining permission under Section 21 of the Delhi Rent Control Act (hereinafter referred to as the Act) on 3rd December, 1979. The premises were iet purely for residential purpose. It was stated in the application that The premises were not let out under Section 21 previously and were in fact constructed for the use and occupation of Shri Sudhir Kashyap, respondent No. 2 herein who would require the premises after he returns from Sweden. Shri K.C. Kashyap died on 19th November, 1981 leaving behind a Will dated 25.5.1981. Under the Will the life interest in the property is given to respondent No. I and thereafter the property is to devolve on respondent No. 2. Though late Shri K. C. Kashyap had other legal heirs they were not given any share in the property. Since the appellant did not vacate the premises in dispute the respondents herein filed the execution application praying that they be put back in possession of the property. Objections were filed by the appellant to the execution application which were dismissed by the Additional Rent Controller by her order dated 21st February, 1984. An appeal filed by the appellant before the Rent Control Tribunal was also dismissed on 29th August, 1984. The appellant has, therefore, filed this second appeal under Section 39 of the Act.

(2.) The following submissions were put forward by the learned counsel for the appellant :

(3.) When a decree is passed against a tenant for eviction as provided in Chapter III and IIIA of the Act, the landlord becomes entitled to get vacant possession of the premises under Section 25 of the Act. However, in such a case when the decree is sought to be executed, the tenant has a right to object to execution by way of an application under Section 47 of the Code of Civil Procedure. When such a decree for eviction is executed, the Rent Controller follows the procedure as given in the Code of Civil Procedure because Section 42 of the Act provides that an order passed on appeal under the Act shall be executable by the Rent Controller as a decree of a civil court and for this purpose the Rent Controller has all the powers of a civil court.