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1968 Supreme(Del) 53

I.D.DUA
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
SUNNI MAJLIS AUKAF – Respondent


Advocates Appeared:
Kartar Chand, S.S.Chadha

I. D. Dua

( 1 ) THIS revision has been presented in this Court under section 115, Civil P. C. , and Article 227 of the Constitution of India and is directed against the order of a learned Sabordinate judge Class dated 2ndmay 1961, declining to review under section 151, Code of Civil Procedure, its earlier order dated 7th February, 1959 passed in Execution case No. 357 of 1957 (Municipal Com- mittee Delhi v. Sunni Majlis Aukaj etc )

( 2 ) THE Municipal Corporation Delhi, it appears, had obtained a decree against Sunni Majlis Aukaf and Bhagwan Dass for possession of the suit property subject to the condition that the execution of the decree would be taken out alter the expiry of two years from its date This decree was a compromise decree based on a joint statement of the parties made at the trial on 18th May, 1953. The mesne profits were to be fixed after the inspection of the property by the Court and it was actually fixed at the rate of Rs. 20. 00 per month pending the recovery of possession. Possession, I am informed, was actually delivered on 30th April, 1957. Execution of the decree in regard to the mesne profits was sought, but the same was dismissed by Shri C D. Vashistha, Subor






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