JAMSHEDPURCO-OPERATIVEBANKLTD Vs. GULABRAI MANOHAR LAL CO LTD

JUDGEMENT

(1.) This appeal by the defendant Ist party arises out of a suit for declaration that the sale of structures of the house in an execution case is void which did not affect the title of the plaintiff, recovery of possession of the house property as well as permanent injunction.

(2.) Admitted facts of the case are that the suit property comprising holding Nos. 50 to 53 of Golmuri market in Jamshedpur town had been leased out by the Tata Iron & Steel Company Limited (in short 'Tisco') to the plaintiff, a limited company registered under the Indian Companies Act 1913. The premises were given to defendant Ist party on rent. The plaintiff defaulted in payment of rent. Tisco in the circumstances instituted T. S. No. 276 of 1952 which was decreed on 20-8-1954 only for arrears of rent for Rs. 861.60. The decree was put on exacution and on 15-12-1955 the materials of the house, namely, the corrugated sheets of the wall and the roof were sold for Rs. 952/- in Execution Case No. 454 of 1955. In the meantime the Calcutta High Court passed an order of winding up of the plaintiff company on 7-2-1955 and appointed an official Liquidator on 23-2-1955. The aforesaid execution proceeding commenced thereafter on 11-6-1955 in which the premises were attached on 15-9-1955 and the sale took place on 15-12-1955, as stated above. The official liquidator filed application to set aside the sale under Order 21, Rule 90 of the Code of Civil Procedure (for short 'the Code') which was registered as Misc. Case No. 11 of 1956. By order dated 16-6-1956 the miscellaneous case was dismissed with the observation that the sale of the materials of the house was void and could be ignored. The instant suit was instituted on 12-12-1967.

(3.) I shall refer to the relevant pleadings later in this judgment. Suffice it to say here that the suit was filed purportedly on a fresh cause of action namely, orders passed regarding mutation of the names of defendant in respect of the suit premises.