SURESH KUMAR TRIPATHI Vs. NUTAN KUMAR AND OTHERS

JUDGEMENT

(1.) This writ petition is utter abuse of the process of the Court. Landlords-respondents filed eviction suit against tenant petitioner on the ground of default. The J.S.C.C. decided all the issues in favour of the landlord, however, it dismissed the suit on the ground that landlord had let out the building in dispute to tenant-petitioner without allotment order, hence he was not entitled to file suit for eviction. Revisional Court affirmed the said finding against which landlords-respondents filed writ petition in this Court. The matter was referred to the Full Bench and the Full Bench also approved the findings of the Courts below. The said Full Bench was reported in Nootan Kumar Vs. A.D.J., AIR 1994 All. 298: 1993 (2) ARC 204. Landlord went to the Supreme Court and the Supreme Court reversed the judment of the High Court. The judgment of the Supreme Court is reported in 2003 (U.P.) RCC 326 (SC) : AIR 2002 SC 3456 : 2002 (8) SCC 31. After remand from the Supreme Court, this Court allowed the writ petition (Writ Petition No. 12384 of 1987) on 20th April, 2004. The Operative portion of the said judgment is quoted below:

(2.) After the aforesaid judgment landlords respondents filed execution application. In the execution case tenant-petitioner filed objections. The said objections were registered as Misc. Case No. 32/74 of 2004 before Civil Judge (Sr. Div.), Banda. The said objections under Sec. 47, Code of Civil Procedure were rejected on 3rd Jan., 2005 against which Civil Revision No. 13 of 2005 was filed which has been dismissed by District Judge, Banda on 31st May, 2005, hence this writ petition. The main objection of the tenant was that without filing of copy of decree of High Court, execution could not proceed.

(3.) After decision of the writ petition by the High Court no decree is ever prepared. Certified copy of the judgment of the High Court is sufficient for execution.