SMT. KRISHNA DEVI Vs. SMT. KRISHNA DEVI

JUDGEMENT

(1.) BOTH these appeals are being disposed of by this common judgment as these centre round the same legal question about the maintainability of execution application by appellant against respondent Surety. The impugned judgments were recorded by Sri O.P. Garg, learned Second Civil Judge, Kanpur on arising on 8 -9 -1973 in Civil Appeals Nos. 245 and 246 of 1972 arising out of Execution Applications Nos. 44 and 49 of 1969 who upheld the orders recorded by IInd Additional Munsif, Kanpur who dismissed the execution applications of decree holder under Section 145 of Code of Civil Procedure as not maintainable. It was found that surety was not responsible to pay the decretal amount.

(2.) DECREE -holder appellant filed Misc. Case No. 276 of 1963 under Section 7B of U.P. Temporary Rent Control and Eviction Act, 1947 (Act No. III of 1947) against Smt. Sarla Devi, daughter -in -law of respondent.

(3.) SMT . Krishna Devi, mother -in -law of tenant, stood as surety to enable the tenant to file the objection against the application under Section 7B were converted into a regular suit after the tenant had filed the security. It was registered as a Regular Suit No. 810 of 1965. It was eventually decreed and the first appeal preferred by tenant failed.