JAGDISH SARAN Vs. NANHEY MAL

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India. The facts giving rise to the present petition are as follows.

(2.) A suit No. 241 of 1966 was filed by the petitioner Jagdish Saran against Shri Nanhey Mal and Shiv Shanker, respondents No. 1 and 2 in the petition for ejectment and arrears of rent in respect of a shop situated in the district of Moradabad. This suit was decreed on 16th May, 1969 on the basis of the compromise between the parties. This suit was decreed for ejectment and for arrears of rent at the rate of Rs. 20/- per mensem from 4-5-1966 to 3-8-1966. A decree for mense profit was also passed at the rate of Rs. 20/- per mensem from 4-8-1966 till the date of delivery of possession in pursuance of the decree. An application for execution of the decree was filed in the court of Munsif, Chandausi, district Moradabad on 23-12-1972. This application was registered as execution case No. 200 of 1972. On 6-4-1973 Shiv Shanker filed objections under Section 47 of Code of Civil Procedure challenging the execution proceedings on the ground that a fresh tenancy rights had been created in his favour, on the basis of an alleged agreement between him and the landlord who is the petitioner in this case and that the rate of rent had been fixed at Rs, 60/- per mensem. The court examined the matter in detail and dismissed the objection filed by Shiv Shanker on 22-1-1980. Categorical findings were recorded that Shiv Shanker had infact, forged the rent receipts and that there was no fresh contract of tenancy between the parties as alleged by Shiv Shanker. Against the decision dated 22-1-1980 dismissing the objections of Shiv Shanker under Section 47 of the Code of Civil Procedure, Shiv Shanker filed a revision. The revision was also dismissed by the IVth Additional District Judge, Moradabad by his order dated 13-11-1982.

(3.) ON 25th March, 1983 the Munsif, Chandausi before whom the execution application was pending dismissed the execution application on the ground that the possession cannot be delivered as allotment order has already been passed on 27-11-1982 in favour of Rajendra Kumar and possession has already been delivered on 30th November, 1982.