PRATAP NARAIN Vs. IIND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned Counsel for the petitioner. No one has appeared on behalf of respondent No. 3.

(2.) This is landlord's/decree holders' writ petition. Petitioners filed suit (SCC Suit) No. 1096/81 against respondent No. 3 and another for ejectment and recovery of arrears of rent. According to the plaint (copy of which is Annexure-2 to the writ petition) respondent No. 3 was tenant on behalf of the plaintiffs on the ground floor accommodation of house No, 33/166, Bhar Bharia Mohal, Kanpur at the rent of Rs. 15/- per month and he was liable to ejectment on the ground of sub-letting and default. The suit was decreed ex-parte. In execution of ex-parte decree possession was delivered to the landlord on 24.12.1982. Thereafter respondent No. 3 filed an application before executing Court complaining therein that he had been dispossessed from more accommodation than mentioned in the decree. The case set-up in the said application was that in the plaint relief was sought regarding one Kothari and Rasoi (Kitchen) while respondent No. 3 had been ejected from one room, one kothari and Rasoi meaning thereby that he had been ejected from one such room which was not included in the plaint and decree. The executing Court accepted the version of the respondent No. 3 and through order dated 15.1.1983 directed re-delivery of one room to respondent No. 3. Revision filed against the said order by the petitioners/decree holders being SCC revision No. 29 of 1983 was dismissed by 2nd A.D.J., Kanpur through judgment and order dated 26.2.1983 hence this writ petition.

(3.) In the writ petition stay order was passed hence redelivery of possession has not taken place.