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Asa Ram and Chela Ram Vs. Man Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtDelhi High Court
Decided On
Case NumberElection Second Appeal No. 5 of 1977
Judge
Reported in15(1979)DLT253
ActsLimitation Act, 1908 - Sections 14
AppellantAsa Ram and Chela Ram
RespondentMan Singh and ors.
Advocates: B.J. Nayyar and; Ramesh Chander, Advs
Excerpt:
- - this application was contested by man singh on various grounds but his objections were rejected, he fought the litigation up to the high court but without success......aggarwal, j. (1) bishan sarup, the respondent herein, was a tenant in a shop under man singh. man singh filed a suit for eviction of the respondent on the ground that he required the premises bona fide for reconstruction. a decree was passed in favor of the landlord which was finally upheld by the high court and the tenant was ordered to vacate the premises on or before 15th april 1961, the landlord was to restore possession of the shop after reconstruction. after the shops had been reconstructed the respondent filed an application for restoration of the possession of the shop. this application was contested by man singh on various grounds but his objections were rejected, he fought the litigation up to the high court but without success. after the case was decided againat man singh.....
Judgment:

R.N. Aggarwal, J.

(1) Bishan Sarup, the respondent herein, was a tenant in a shop under Man singh. Man singh filed a suit for eviction of the respondent on the ground that he required the premises bona fide for reconstruction. A decree was passed in favor of the landlord which was finally upheld by the High Court and the tenant was ordered to vacate the premises on or before 15th April 1961, the landlord was to restore possession of the shop after reconstruction. After the shops had been reconstructed the respondent filed an application for restoration of the possession of the shop. This application was contested by Man Singh on various grounds but his objections were rejected, He fought the litigation up to the High court but without success. After the case was decided againat Man Singh Chanda Singh filed objections alleging, inter alia, that he had purchased the vacant plot from Man Singh and built the shope thereon. He took a number of objections to the execution of the order, but his objections were dismissed on 20th July 1971. After the objections of Chanda singh were dismissed the third round of limiations started with the objections filed by the present appellants Asa Ram and Chela Ram on 20th August 1971. They pleaded that they had taken the shop on rent in 1970 from Chanda Singh without notice of the previous litigation and that they are not liable to vocate the premises. The objection petition of the appellants remained pending for 6 years and their objections were dismissed on 5th March 1976 by smt, Mamta Sehgal, Sub-Judge. Against the above order Asa Ram and Chela Ram filed a revision petition in the High Court. On the petition a notice was issued to the respondent to show cause as to why the petition be not admitted and mean while the execution proceedings were stayed. On 11th August 1976 the revision petition came up for consideration before Hon'ble Mr. Justice H.L. Anand and he dimissed the petition with the following orders

'HEARD.No ground to interfere Dismissed.'


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