CALCUTTA PINJRAPOLE SOCIETY Vs. BENGAL METAL INDUSTRIES

JUDGEMENT

(1.) Plaintiff-decree holder has filed the instant execution application for execution of the decree dated December 23, 1988. Application has been filed into Court on March 12, 2003 and affidavit in support of the tabular statement has been affirmed on behalf of the decree holder by Shri Shivbhagwan Bagaria on March 11, 2003.

(2.) Decree is sought to be executed for the sum of Rs. 2,54,100/- being the rents, outstanding due and payable on and from the month of April, 2000 at the rate of Rs. 7,260/- for 35 months i.e. upto February, 2003. Thus, according to the decree holder as the judgment debtor committed default, plaintiff is entitled to execute the decree as per the prayers in the tabular statement.

(3.) Mr. Suresh Agarwal, party in person placed before Court the affidavit-in-opposition filed by him. Objection has been taken therein with regard to the maintainability of the execution application on two grounds. Firstly, on the ground that execution application is barred by limitation. The decree is dated December 23, 1988 whereas the limitation prescribed for execution of such decree being 12 years having elapsed. Secondly, on the ground that the plaintiff was to get the lease deed registered with the Registrar at the cost of the defendants, which the plaintiff failed to carry out its obligation.