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2008 Supreme(All) 978

DILIP GUPTA
JAGDISH SARAN – Appellant
Versus
IXth ADDL. DISTRICT JUDGE, MORADABAD – Respondent


JUDGMENT

Hon’ble Dilip Gupta, J.—It was only a fortnight ago when this Court expressed its deep anguish at the conduct of a tenant who had resisted dispossession from the premises under his tenancy for a period of more than two years by raising frivolous objections before the Executing Court despite specific directions of this Court that the tenant must handover peaceful possession of the accommodation to the landlord within three months.

2. The facts of the present petition are far more disturbing and reveal how an unscrupulous tenant in his attempt to cling on to the tenanted premises has been able to resist the decree of eviction passed against him in 1969 and that too when this Court, as far back as on 10th February, 1987, had directed the Executing Court to take immediate steps for executing the decree and get the possession delivered to the decree-holder without any further delay after noticing the ‘fraudulent’ conduct of the judgment-debtors.

3. The Court is reminded of the note of caution sounded by the Supreme Court in Ravinder Kaur v. Ashok Kumar and another, 2003 AIR SCW 7158 :

“Courts of law should be careful enough to see through such diabolical plans of the judgment-deb

























































































































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