JAMNA MANGAJI Vs. VAKTAVARMAL GANGARAM

JUDGEMENT

(1.) This is a petition under Article 227 of the Consti- tution of India by the original judgment-debtor of one decree in Civil Suit No. 3292 of 1958 passed for eviction by the learned Small Causes Judge Ahmedabad.

(2.) A few facts need to be stated.

(3.) The subject-matter of the dispute is a single room - residential house which originally belonged to the respondent No. 2-Bhuralal Gangaram who was entitled to claim Rs. 7.00 per month as rent from the tenant. Said Bhuralal had filed the aforesaid suit for eviction of the petitioner- tenant on the ground of personal bona fide requirement and arrears of rent. On 22nd November 1962 a decree had come to be passed by the trial Court only on the ground of personal requirement. The tenant-petit- ioner preferred the Appeal No. 152 of 1967 before the Appellate Bench and by consent decree was confirmed but with the modification that the tenant was given time upto 31st December 1970 to vacate. Before the time for executing the decree arose the respondent No. 2-Bhuralal sold off his right under decree and the property itself to the respondent No. 1- Vakatavermal Gangaram who as a transferee of the decree filed the execution petition No. 32 of 1972 in the Small Causes Court. This tenant resisted the execution proceedings by contending inter alia that the decree had become inexecutable because of the subsequent development viz. the transfer of the properly by Bhuralal in favour of the respondent No. 1. Both the trial court as well as the Appellate Bench in Appeal No. 56 of 1974 negatived the contention of the tenant-petitioner who has filed the present petition under Article 227 of the Constitution.