FARUKH Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed by three of the judgment-debtors against execution proceedings pending against them in the Court of the Munsif North, Lucknow.

(2.) Opposite party No. 3 as the landlady of the certain accommodation situated in the city of Lucknow filed a suit for ejectment in the Court of Munsif North. This was suit No. 492 of 1967. The tenant was one Najmur Rahman. He was defendant No. 1 in the suit. Four other persons were impleaded as defendants, namely, Mohammad Hasnain, Karam Khan Farukh, and Imran son of Mohammad Hasnain. Out of them Karam Khan has died and is represented by Srimati Noor Jehan petitioner No. 2, Imran is opposite party No. 4. Petitioner No. 3 and opposite parties 5 and 8 are other heirs of Mohammad Hasnain. Opposite parties 9 to 17 are the heirs of Najmur Rahman.

(3.) The contention of the plaintiff, was that the tenant, namely, Najmur Rahman had committed a wilful default in payment of arrears of rent and had also sublet the premises to the other defendants mentioned above. The trial Court upheld both these pleas and decreed the suit for ejectment and rent. The lower appellate Court upheld the finding of wilful default but did not uphold the finding of illegal subletting. It, however, maintained the decree against all the defendants. The trial Court's decree is dated 20-5-69 and the order of the lower appellate Court is dated 1-12-75. The plaintiff-decree-holder then filed an execution application on 20-4-76, vide Annexure 1 to the writ petition, mentioning that no second appeal was filed till then. A second appeal was, however, filed by the defendants other than Najmur Rahman soon thereafter. During the pendency of that second appeal Najmur Rahman died and his heirs were brought on the record.