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PRAKASH GUPTA
Jai Singh Rawat – Appellant
Versus
Dargah Committee, Through Its Chairman Office Dargah Committee, Ajmer – Respondent
JUDGMENT
1. This Civil Execution Second Appeal has been filed by the appellant-objector (for short, 'the objector') against the judgment dated 15.10.2016 passed by Addl. District Judge No.1, Ajmer (for short, 'the Appellate Court') in Civil Misc. Appeal No. 10/2015 (130/2015), whereby the Appellate Court dismissed the appeal and affirmed the order dated 29.9.2015 passed by Civil Judge City (West) Ajmer (for short, 'the executing court') dismissing the objection filed by the objector under Order 21 Rule 97 CPC with a cost of Rs. 3000/-.
2. Facts of the case are that Dargah Committee filed a suit for eviction and recovery of rent against Ram Niwas Singhal and others, wherein Ram Niwas Singhal was stated to be the original tenant and Hanuman Singh Rawat as his sub-tenant. The said suit was decreed on 7.9.1982. Aggrieved thereby, Ram Niwas Singhal filed a Civil Regular Appeal No. 144/85 (179/82) before the Appellate Court, which was dismissed vide judgment dated 17.7.2004. Being aggrieved, two S.B. Civil Second Appeal Nos. 452/2004 and 418/2004 came to be filed by wife and sons of Hanuman Singh Rawat (including the father of the objector) and son of Ram Niwas Singhal respectively, which
The main legal point established in the judgment is the requirement for the appellant to substantiate his claim of independent tenancy rights under Order 21 Rule 97 of the Code of Civil Procedure, 19....
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
The court affirmed that mere interest in property does not grant standing to object in execution proceedings if title has been conclusively determined.
A mere objection to the execution of a decree does not entitle an objector to a full inquiry unless accompanied by prima facie evidence of independent title or possession.
Joint tenants cannot be dispossessed without due process, and their rights devolve upon the death of the original tenant.
The Executing Court must execute decrees as per their terms without questioning merits or introducing new factual disputes.
Execution of decree – Although Objector is not party to arbitral proceedings, he can seek and obtain relief if Award has not been given fairly.
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