INDER SAIN AND OTHERS Vs. KESHO LAL

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned Executing Court dated 5.9.1989, whereby objections filed by the judgment debtors were accepted and the execution petition was dismissed.

(2.) THE decree holders-petitioners have sought execution of the decree for possession in a Civil Suit after termination of tenancy in respect of land measuring 33 kanals-12 marlas. In appeal, the judgment of the learned trial Court was modified by the learned First Appellate Court on 7.9.1974 on the basis of a compromise arrived at between the parties as it was agreed that such decree passed by the trial Court would be executed after a period of five years from 7.9.1974. The decree holders filed an execution petition on 27.3.1982 after the expiry of period fixed in the compromise.

(3.) SINCE the decree for possession after termination of tenancy was passed when the provisions of the Act were not applicable in respect of the land in dispute, but by virtue of the Notification dated 18.1.1970, the said land has been included in the municipal limits, therefore, the provisions of the Act are applicable. Once the provisions of the Act are applicable, the decree for possession cannot be executed. This view has been taken by this Court in Ram Narain and others v. Ram Lal and others, 2003(2) RCR(Rent) 660 : 2004(1) PLR 634 and J.N. Katyal and another v. Krishan Kapur and others, 2005(1) RCR(Civil) 303 : 2005(1) RCR(Rent) 7 : 2005(1) PLR 558.