IBRAHIMBHAI Vs. SAJJAD HUSSAIN

JUDGEMENT

(1.) THIS revision by the judgment-debtor is against the order dated 30-I-198i, whereby the Executing Court has rejected his objection regarding non-executability of the decree for eviction in view of the provisions of section 20 (b) of the Madhya Pradesh Gandi Basti Kshetra (Sudhar Tatha nirmulan) Adhiniyam, 1976 (Act No. 39 of 1976 ).

(2.) FACTS essential for the decision of this revision are as under : The decree-holder-non-applicant instituted Civil Suit No. 257a of 1973 on 1-10-1973 in the Court of the Third Civil Judge, Class II, Indore, for eviction from the premises bearing Municipal No. 69 /2, situated in Champabagh, indore, against the revision-applicant. The applicant submitted a written-statement on 29-1-1974 inter alia raising various pleas to show that the decree-holder-non-applicant has no right to eject him. By an application dated 4-11-1976 the applicant sought permission to raise a plea to the effect that by virtue of Notification issued under section 3 of the Madhya Pradesh Slum improvement (Acquisition of Land) Act No. 32 of 1956, neither the non-applicant has right to maintain the suit nor the Court had jurisdiction to try the same, as the land, including the structure thereon has vested in the State government. This amendment was allowed and the objection so permitted to be raised formed subject-matter of an additional issue raised on 6-1-1977. Thereafter the applicant absented himself and ultimately ex-parte decree for eviction was passed against him on 6-5-1977. In para 10 of its judgment the trial Court negatived the plea raised by the defendant on the basis of the provisions of the Act No. 32 of 1956.

(3.) THEREAFTER the applicant submitted an application under Order 9, rule 13, Civil Procedure Code on 9-6-1977, which was registered as M. J. C. No. 26 of 1977. This application was rejected by order dated 23-3-1978. Miscellaneous Appeal No. 47 of 1978 and Civil Revision No. 145 of 1979 preferred by the applicant against the aforesaid order of rejection of his application for setting aside the ex-parte decree were dismissed by order dated 25-1-1979 by the Additional District Judge and that dated 15-11-1979 by this court respectively. Thus, the decree for eviction passed ex-parte against the applicant attained finality.