SAVITRI DEVI Vs. LAL CHAND

JUDGEMENT

(1.) The aforesaid application has been filed on behalf of the respondents under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure, inter-alia, praying for review and recall of the judgment and order dated 17th January, 1984 passed by a learned Single Judge of this Court allowing the aforementioned writ petition filed by Smt. Savitri Devi, the petitioner.

(2.) FROM a perusal of the record, it appears that Lal Chand, Rajendra Kumar Agarwal and Vinai Kumar Agarwal filed a suit against Smt. Savitri Devi (Petitioner in the aforementioned writ petition) for ejectment, arrears of rent, mesne profits etc. in respect of a portion (shop) on the ground floor of the building bearing Municipal No. 26/2, Tilak Road, Dehradun. The said portion (shop) has, hereinafter, been referred to as "the disputed shop".

(3.) THE learned Judge, Small Cause Court/munsif, Dehradun by the judgment and order dated 6 -8 -1980 decreed the said suit filed by Lal Chand and others (plaintiffs ). It was, inter -alia, held in the said judgment and order dated 6 -8 -1980 that in view of the judicial decisions, the provisions of the Act would apply to all the buildings which were in existence on the date of enforcement of the Act and as such, the provisions of the Act were applicable to the disputed shop.