BABULAL SHARMA Vs. SANT KUMAR BAJORIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against an order dated May 22, 2019 passed in execution proceedings. Several issues have been decided by the impugned order pursuant to a direction of this Court.

(2.) In course of passing the order impugned, the Executing Court perceived that there was no further impediment to the execution of the relevant decree being pursued. The execution has, however, remained effectively stayed during the pendency of the present proceedings in this Court.

(3.) The matter brings out several features that plague the justice delivery system in this country, particularly when it comes to removing a tenant or lessee who has overstayed the welcome at the relevant property and how the resourceful disingenuously take advantage of the strict rent control laws that are really intended to protect those who do not have their own properties to live in or do business from. Indeed, the present story does not begin from the day that the suit in this case was instituted but it goes back to several decades before when a previous suit between the same parties or their predecessors-in-interest was compromised upon the petitioner herein promising to pay the rent at an enhanced rate. That was how Title Suit No. 15(H) of 1962 ended.