CHARAN DASS Vs. MOHAN LAL GOELA

JUDGEMENT

(1.) THESE are three appeals by Charan Das, Tirath Ram and firm Messrs Diwan Chand -Dholan Das & Company, against orders in execution proceedings dismissing their objections to the execution of the decree for possession of the leased premises.

(2.) THE facts are that certain premises in Gurr -ki -mandi, Delhi, were leased by Mohan Lal Goela Respondent to Charan Das, one of the Appellants, at a monthly rent of Rs. 550 and according to the landlord Charan Das, in 1953 sublet parts of the premises to five other persons including the other two Appellants with the result that in 1957 six persons were carrying on business in separate parts of the premises and on the 31st of January, 1957, a quit notice was served by the landlord on Charan Das, on the grounds both of subletting and arrears of rent.

(3.) IT is not disputed that the two sums of money mentioned in the award representing arrears and future rent were paid in time, but the occupants of the premises did not vacate them on the date mentioned in the award. On this the landlord fried an execution application in which the execution of the decree was opposed by the three Appellants on the ground that the decree which was sought to be executed was a nullity. This objection was overruled by the executing Court and hence these appeals.