RADHA RAMAN JEW Vs. SHALIGRAM SUBHA KARAN KHEMANI

JUDGEMENT

(1.) This is a tale of fate of a decree holder who was successful in obtaining a decree for khas possession dated 3rd December 1964 which had reached its finality on dismissal of the appeal preferred therefrom, for default and no restoration and /or readmission thereof was attempted to be made. The decree was put into execution and the same was resisted unsuccessfully by the judgment debtors right up to Supreme Court, however, last attempt was made by the judgment debtors seeking to review of the Division Bench judgment and order of execution. However, it appears that they have lost all interest now.Having found the judgment debtors to be unsuccessful then came and still comes the turn of the occupants who were alleged to have been brought in by the judgment debtors and or sub-tenant to challenge executability of the decree. Some of the objectors herein had tried previously to resist execution of the decree setting up a plea of adverse possession unsuccessfully right up to appeal Court. It also appears that some of the occupants have been evicted in the process of execution but some of them have still been left out. So they have come to resist execution setting up their independent right in order to get a declaration of the instatnt decree being non-executable.

(2.) To appreciate the case of the above applications short history needs to be stated.

(3.) The plaintiffs decree holder field the eviction suit against the defendants who were the successor in interest of original lessees in respect of the premises Nos. 23/1 and 23/2 Darpanarayan Tagore Street and premises No. 7 Ganpat Bagla Lane now known as Ganpat Bagla Road. The lease dated 21st February 1941 was for 60 years on and from 15th January 1941, however, the lease was determined before expiry followed by suit and decree.