ANIL BADOLA Vs. YOGENDRA KUMAR

JUDGEMENT

(1.) By way of present modification application (MCC no. 350/2014), the defendant-revisionist seeks to modify the judgment and order dated 06.03.2013 passed by this Court in Civil Revision no. 21/2013 giving liberty to the applicant-defendant to file objection under Section 47 CPC before the executing court in Execution no. 1/2013 captioned as "Yogendra Kumar & others vs. Anil Badola" on the point of jurisdiction of the Small Cause Courts to entertain the SCC suit no. 7/2007 for eviction of the present applicant-revisionist from nazul property.

(2.) It is the contention of learned counsel for the applicant that the property in question is a nazul property and lease deed of this property in the name of Kashmiri Lal is doubtful in the absence of any rightful lease deed. Even if it be conceded for the sake of arguments that any lease deed of this nazul land was executed in the name of Kashmiri Lal, then the same was too not renewed after 1994. The plaintiff is neither the lease holder nor the owner of the property in question. Learned counsel for the revisionist argued that the jurisdiction of eviction from the nazul land vests with the State Government only, to the Prescribed Authority under the Public Premises (Eviction of Unauthorised Occupants) Act, but not to the Small Cause Courts or to any other civil court. The plaintiffs, after concealing the true facts and playing fraud upon the SCC court, have obtained a decree for eviction from the nazul property after filing SCC suit. Hence, according to learned counsel, the judgment and order dated 14.01.2013 passed by the Judge, SCC/Addl. District Judge, Kotdwar, Garhwal is without jurisdiction and is void ab initio.

(3.) Citing the judgment of Hon'ble Apex Court's judgment in S.P. Chengalvaraya Naidu (dead) by LRs vs. Jagannath (dead) by LRs & others, 1993 3 Current Civil Cases 620, learned counsel for the applicant/revisionist pleaded that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of law.