MOHAMMAD SAYED Vs. MOHD. ISHA

JUDGEMENT

(1.) This is a defendants' second appeal against the judgment and decree dtd. 10/5/2022 passed by the Additional District and Sessions Judge, Court No.7, Ballia in Civil Appeal No.100 of 2011.

(2.) The facts of the case are that the plaintiffs-respondents instituted original Suit No.339 of 2001 for eviction of the appellants/defendants from the suit property which was a residential house as well as for arrears of rent and damages. The suit was dismissed by the Civil Judge (Junior Division), i.e., the trial court vide judgment and decree dtd. 29/10/2011. Against the judgment and decree of the trial court, the plaintiff instituted Civil Appeal No.100 of 2011 which has been allowed by the lower appellate court vide its judgment dtd. 10/5/2022 and Original Suit No.339 of 2001 has been decreed directing the eviction of the appellants from the Suit Property and also for means profit @ Rs.50.00 per month from 6/1/2001.

(3.) In the affidavit filed along with Application No.2 of 2022, the appellants have stated that no execution case was registered after the decree passed by the lower appellate court and no process was issued by any executing court to evict the appellants from the suit property. It has been further stated that without any execution case having been registered for execution of the decree of the lower appellate court, the plaintiffs with the assistance of Rakesh Kumar Singh, the Station House Officer, Rasara, Ballia, Ravindra Patel Sub-Inspector of said Police Station, Ushman, Trainee Circle Officer, Rasara and Rajendra Prasad, Executive Officer, Nagar Palika Parishad, Rasara, Ballia demolished the suit property after forcibly evicting the appellant from the same. It has been further stated that no action was taken by the Superintendent of Police, Ballia even though repeated applications and complaints have been made by the appellants against the illegal act of the aforesaid Police Officer and executive authorities.