FARUKH AHMAD Vs. ANIL DABRAL

JUDGEMENT

(1.) By means of this revision, the tenant Farukh Ahmed has challenged the order dated 31.05.2016 passed by the District Judge, Pauri Garhwal in J.S.C.C. Execution No.1 of 2015, whereby the execution application paper No.C-3 moved by the landlord Dr. Anil Dabral was allowed rejecting the objections moved by the tenant and at the same time, the eviction warrant was directed to be issued mandating the tenant to vacate the premises, in question, within a period of one month from the date of such order.

(2.) Having heard the rival contentions put forth by learned Counsels for either party and perusing the impugned order dated 31.5.2016, it is evident that the basis of such execution is the compromise decree dated 21.12.1989 passed between the parties in S.C.C. Case No.6 of 1988. The said suit was launched by late Dr. Nand Kishore Dabral, father of Dr. Anil Dabral (respondent herein), wherein a compromise was arrived at between the parties, which has duly been discussed in the impugned order as well.

(3.) It is pertinent to mention here that late Dr. Nand Kishore Dabral had also instituted a Prescribed Authority Case No.37 of 1986 against another tenant Mr. Sharif Ahmed, which was decided on 25.5.1998 asking the tenant to vacate the building. Against that order, the Appeal No.29/1998 was preferred by Mr. Sharif Ahmed which was allowed and thus, the decree of eviction, passed in favour of the landlord, was set aside. The landlord then preferred the Writ Petition (M/S) No.3069 of 2001, which was allowed by a coordinate Bench of this Court on 20.7.2004 and thus, the decree of eviction was restored. A special leave petition filed there-against by the tenant was also dismissed on 10.12.2004, with the result, Mr. Sharif Ahmed vacated the tenanted premises on 23.5.2005 pursuant to the Execution Case No.4 of 2004.