GANGA SARAN SAINI Vs. DROPDI DEVI

JUDGEMENT

(1.) This is a tenant's writ petition. A SCC Suit No. 5 of 1988 was filed by the landlords for ejectment of the Petitioner and for arrears of rent. The suit was decreed ex parte on 27.9.1989. The landlord-owner is alleged to have executed two sale-deeds in favour of Rajendra Prasad and Anil Kumar on 16.11.1994 and 24.11.1994. The Respondents No. 1 to 15 of this writ petition are the heirs and legal representatives of the original owners namely late Raja Lal Sharma and late Brahma Swaroop Sharma.

(2.) The purchasers from the original owners filed an impleadment application in the suit. However, the same was rejected by the trial Court and, therefore, the heirs and legal representatives of the original owners continued to contest the proceedings which were initiated by the Petitioner after the ex parte decree dated 27.9.1989.

(3.) According to the Petitioner although the decree was obtained by the original owners on 27.9.1989 they filed an execution application in the year 2000. Notice was issued to the Petitioner and the Petitioner got inspected the records of the suit on 5.9.2000 when for the first time he learnt about the ex parte decree dated 27.9.1989 in SCC Suit No. 5 of 1988. The Petitioner alleges to have filed an application On 5.9.2000 for setting aside the ex parte decree. The Respondents-owners filed objection dated 4.8.2007 whereupon by the order dated 29.8.2007 the application for recall of the ex parte decree was dismissed. The Petitioner filed Revision No. 31 of 2007 which was also dismissed on 30.3.2009.