RAJINDER KUMAR Vs. DEVI

JUDGEMENT

(1.) THIS is revision filed by Rajinder Kumar under Article 227 of the Constitution whereby he has prayed for the setting aside of order dated 24.4.2000 passed by Civil Judge, Junior Division, Karnal in favour of Smt. Devi and others against him (Rajinder Kumar) and respondents No. 5 to 9 i.e. Mangal Dass son of Jinda Ram and Basant Ram etc. in proceedings u/s 144 CPC though he is not party in the proceedings.

(2.) ONE Mangal Dass filed eviction petition against Santu alias Basant Ram. On 9.10.1993, the eviction petition was allowed ex parte by the Rent Controller. Santu alias Basant Ram filed application for the setting aside of the ex parte ejectment order which was dismissed on 27.1.1997. Santu alias Basant Ram went in appeal. In appeal, no stay was granted against execution. Possession was taken by Mangal Dass. On 25.9.1998, the Appellate Authority set aside the ex parte order of eviction and remanded the case to Rent Controller with a view to deciding the eviction petition on merits. During the pendency of the appeal. Mangal Dass sold the property to Basant Ram son of Kala Ram and others respondents 6 to 9. Respondents No. 6 to 9 demolished the old house and reconstructed. An application was made by Mangal Dass (the original landlord-owner) withdrawing the eviction application. He withdrew the eviction application. Santu alias Basant Ram died. An application was made by the heirs of Santu alias Basant Ram namely Smt. Devi and others u/s 144 CPC for restitution of possession to them. It was alleged by Smt. Devi and others respondents 1 to 4 in their application u/s 144 CPC that they should be restituted to possession as they had been dispossessed during the pendency of the appeal in execution of the eviction order which was set aside by the Appellate Authority on 25.9.1998. Rent Controller allowed the application vide order dated 5.3.1999 and ordered them to be restituted to possession. Vendees from Mangal Dass i.e. Basant Ram and others respondents 6 to 9 assailed the order of Rent Controller dated 5.3.1999 through C.R. No. 2078 of 1999 in this Court which was dismissed by a learned Single Judge of this Court vide order dated 16.11.1999.

(3.) LEARNED counsel for the petitioner submitted that Rajinder Kumar petitioner was inducted to this house by Smt. Shanti wife of Basant Ram (transferee from Mangal Dass) on 9.4.1998 when there was no encumbrance of any tenancy on this house. Earlier, there was encumbrance of tenancy on this house created by Mangal Dass, the previous owner. Mangal Dass filed eviction petition against Santu alias Basant Ram (tenant) which was allowed ex parte. Santu alias Basant Ram filed an application for setting aside the ex parte eviction order before the Appellate Authority. Mangal Dass got possession in execution of the ex parte eviction order during the pendency of the appeal and sold the property to Smt. Shanti Devi etc. respondents 6 to 9. Rajinder Kumar was inducted to this house as tenant. After the ex parte order of eviction was set aside and the case was remanded to the Rent Controller, Mangal Dass withdrew the eviction petition.