LAWS(ALL)-2018-2-564

ADARSH CHOPRA Vs. NARESH MOHAN VERMA & ORS

Decided On February 28, 2018
ADARSH CHOPRA Appellant
V/S
Naresh Mohan Verma And Ors Respondents

JUDGEMENT

(1.) When the land lady Smt. Champa Devi the predecessor-in-interest of the respondents after determining the tenancy of the petitioner filed a suit being SCC Suit No. 4 of 1978 for arrears of rent and eviction and when the dispute was referred to an Arbitrator an award was passed by him on 6.6.1979. The relevant portion of the award is being reproduced here as under:-

(2.) In terms of the award a decree was also drawn by the Court on 5.12.1980. When certain amounts as were provided for by the decree were not paid by the petitioner-tenant then Smt. Champa Devi, on 23.4.1982 filed an application for the execution of the decree. The execution application dated 23.4.1982 is being reproduced here as under:-

(3.) The petitioner (judgement-debtor) filed an objection against the execution application which was allowed and the revision filed by the respondent-landlord (decree holder) was dismissed. A writ petition being Writ Petition No. 8569 of 1984 was filed in the High Court which was finally decided on 26.9.2003. The operative portion of the order dated 26.9.2003 was as follows:-