DEVENDRA GUPTA ALIAS TINKU Vs. USHA DEVI

JUDGEMENT

(1.) This Civil Revision has been filed against the order dtd. 15/4/2019 passed by Ist Additional District Judge, Haldwani, District Nainital in SCC Execution Case No. 01 of 2014, whereby revisionists objection filed under Sec. 47 C.P.C. has been rejected.

(2.) Revisionists are tenants; while, respondents are the landlord. Respondents filed a suit for ejectment, arrears of rent and damages against the revisionists, which was registered as SCC Suit No. 14 of 2012. In paragraph no. 2 and prayer A of the plaint, boundaries of the tenanted premises were given. Since revisionists did not appear before the learned trial Court despite notice, therefore, learned trial Court proceeded ex-parte against them and ultimately an ex-parte decree was passed on 23/7/2014. Revisionists moved an application under Order 9 Rule 13 C.P.C. for setting aside ex-parte decree, which was rejected on 29/9/2016. Revisionists challenged the order dtd. 29/9/2016 by filing Civil Revision No. 10 of 2018, which was dismissed by this Court vide judgment dtd. 20/3/2019.

(3.) Before the Executing Court, revisionists filed objection under Sec. 47 C.P.C. contending that the decree holders have not produced any document to prove their title over the property in dispute and further that names of decree holders are not recorded in the revenue record, therefore, the decree is not executable. It was further stated that the decree has been obtained by the decree holders by misrepresentation of facts and further that the disputed property is standing over Nazul land. It was further contended that the description of the premises in question as given in the decree does not match with the suit property, therefore, the decree is un-executable.