RAM SAROOP RAIZADA Vs. DR. MADAN MOHAN MISRA

JUDGEMENT

(1.) The question involved in this Execution Appeal is whether a decree for ejectment obtained in respect of a post 1951 construction, before the commencement of the U.P. Urban Buildings Regulation of Rent and Eviction Act (hereinafter referred to as U.P. Act No. 13 of 1972) is executable only when one of the grounds of Sec. 20 of U.P. Act No. 13 of 1972, has been proved in execution proceedings.

(2.) The fact necessary to decide the above controversy lie within a very narrow compass. Dr. Madan Mohan Misra, decree holder respondent (hereinafter referred to as the decree holder) filed suit for eviction against Ram Swaroop Raizada, judgment-debtor-appellant (hereinafter referred to as the judgment-debtor) on the simple ground that the judgment-debtor was the tenant of house No. 2/31, Swadeshi Bima Nagar, belonging to him and as he was no longer interested in retaining the judgment-debtor as a tenant therefore the suit. The judgment debtor defended it. He pleaded that since the house was constructed before Jan., 1951, therefore, the decree-holder could not get the decree without complying with the requirements of Sec. 3 of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as U.P. Act No. 3 of 1947). The judgment-debtor lost the suit as well as first and second appeals filed by him. The second appeal was decided by the High Court.

(3.) The decree-holder started execution proceedings when a unsuccessful attempt was first made by the judgment-debtor to plead compromise in erection outside the Court. This objection ultimately failed.