JOGINDRA SINGH KHORANA Vs. BALDEV KRISHNA THAPAR

JUDGEMENT

(1.) A suit for possession of the Uttam Talkies comprising of the Cinema hall, and other attached buildings, shops, garages, cinema machine, furniture etc., and fittings situate on the Residency Road, Jammu together with mesne profits was instituted by S. Uttam Singh Khorana (since deceased) and others against B. K. Thapar and Sita Ram on 6 -3 -58 on the basis of a lease deed dated I7th Assuj 2011 registered on 18th Assuj 2011. The suit was, however, compromised on 23rd December 1958 and in terms of the compromise the following decree was passed by this Court: -

(2.) IN the compromise and the decree the shares of the plaintiffs were specified as already stated. Jogindra Singh decree -holder sold his share in the Uttam Talkies to Sudhir Kumar and Sarat Chandra minors, sons of L. Girdhari Lal, Ashok Kumar and Chandra shekhar minors, sons of L. Ganesh Das, under the guardianship of Ganesh Das, by means of a sale deed dated 1st November 1960, registered on 2nd November 1960. Under the terms of the compromise as contained in the decree mentioned above, the defendants judgment -debtors had to vacate the premises on 1st January 1963. As the judgment -debtors did not vacate the premises by the 1st January 1963, execution was taken out by the four transferees, Sudhir Kumar, Sarat Chandra, Ashok Kumar and Chandrashekhar (hereinafter to be referred to as the petitioners) through their next friend Ganesh Dass on 4th January 1963.

(3.) IN this execution application of the petitioners dated 4th January 1962 objections were filed by the judgment -debtors as well as the other decree -holders. Briefly summarized these objections are as under: -