HALIMA BEGUM Vs. BAL KRISHAN KOUL

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by Learned City Judge, Srinagar on 21.9.2002 in application under Section 144 CPC titled Amarnath Koul through heirs and LRs v. Mst. Haleema Begum. The dispute between the parties is on a shop situated at residency Road Srinagar which belongs to Halima Begum who had given it on tenancy to one Amarnath Koul.

(2.) IN a suit filed by Mst. Halim Begum for eviction against Amarnath Koul an ex -parte decree was passed by City Judge Srinagar on 29.6.1992. The decree was executed and the possession of suit property was handed over to Mst. Halima Begum. Later Amarnath Koul died and his legal heirs filed an application in the year 1988 before the court of City Judge Srinagar for setting aside ex -parte judgement and decree. Alongwith the said application an application for condonation of delay was also filed. The court accepted the application for condonation of delay and considering the grounds for setting aside ex -parte decree the court allowed it on 17.8.2002. Later the legal representatives of Amarnath Koul who are the respondents in the present petition moved the trial court for restoration of possession in terms of Section 144 CPC. The trial court on considering the matter allowed the application and directed that the possession of the property be returned to the legal heirs of the deceased tenant Amarnath Koul. The trial court observed as under: -

(3.) I have gone through the impugned order. Ld. City Judge has considered this aspect in detail and has referred to the provisions of law as also the relevant case law on the subject. The trial court on consideration of the matter found that the Legal Representatives were entitled restitution of the suit property.