LAWS(ALL)-1957-2-32

S. MOAZZAM HASNAIN Vs. GANESH AND ANOTHER

Decided On February 04, 1957
S. Moazzam Hasnain Appellant
V/S
Ganesh And Another Respondents

JUDGEMENT

(1.) These are five execution second appeals in which the same question arises for decision.

(2.) Five separate suits were filed by the Appellant Under Sec. 180 of the UP Tenancy Act (Act XVII) of 1939 (hereinafter to be referred to as the "1939 Act"). The reliefs sought in each of these suits were (a) ejectment of Defendants, (b) damages and (c) costs of the suits.

(3.) Decrees were passed in favour of the Plaintiff Appellant in each suit. Then those decrees were put into execution and possession was taken by the Appellant under each of the decrees. Thereafter the Appellant put the decrees into execution in respect of the damages and costs awarded. The Respondents, the judgment debtors, then raised objections to the execution of the decrees. They contended that the decrees were no longer capable of execution because of S. 31 of the UP Tenancy (Amendment) Act No. X of 1957 (hereinafter to be called as the '1947 Act'. The execution court rejected the contention of the judgment debtors. Appeals were preferred and the court below upheld the contention and ordered that the decrees were not executable. It is contended before me that the objections should have been upheld.