HAFIZ NOORBUX Vs. DATTATREY JOSHI

JUDGEMENT

(1.) THIS revision application has been filed by the applicants/judgment debtors, against the order dated 10-4-2007 passed by the 9th civil Judge, Class-II, Gwalior, in M. J. C. No. 73/06, whereby the trial Court allowed the application for restoration of execution, which was dismissed in default on 10-8-2000.

(2.) BRIEF facts of the case are that Civil Suit No. 86-A/68-1977 was decreed and decree for ejectment and arrears of rent of Rs. 1593/- and mesne profit @ Rs. 45/- per month was passed in favour of the plaintiff on 29-9-1970. The appeal filed by the defendants was partly allowed by the lower appellate Court vide order dated 1-12-1971. The plaintiff challenged the said decree by filing Second appeal No. 117/72 before the High Court. This Court vide judgment and decree dated 17-10-1977 allowed the appeal and set aside the judgment and decree of the lower appellate Court and restored the judgment of the trial Court. An application for execution filed by the decree holder was dismissed on 3-12-91 by holding that the decree was fully satisfied. On 7-1-1997, Civil Revision No. 69/96 against the said order was allowed and it was held that the decree for ejectment under section 12 (1) (a) of the M. P. Accommodation Control Act, 1961 (for short "the Act") is still executable for ejectment. The application for execution filed on 14-1-1997 was dismissed in default on 10-8-2000. On 16-6-2005, the respondents again filed an application for execution of decree, which was dismissed by the trial Court vide order dated 16-1-2006 on the ground that the same was time barred.

(3.) THE respondents challenged the said order by filing Civil Revision No. 34/06. The Civil Revision was decided by this Court vide order dated 21-7-2006. The operative part of the order is relevant, which reads as under :-