IMPORTANT POINTS
Court executing decree cannot go behind decree nor sit in appeal over the same or pass any order jeopardizing rights of parties thereunder.

Manoj K. Tiwari, J.—This Civil Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 has been filed by Senior Superintendent of Police, Dehradun against the judgment & order dated 20.09.2014 passed by Executing Court, whereby his objection filed under Section 47 C.P.C. (registered as Misc. Case No. 2 of 2010) was rejected.

2. Respondents filed a suit for eviction, recovery of arrears of rent & mesne profits before Judge, Small Causes Court, Dehradun, which was registered as SCC Suit No. 24 of 2001. In the plaint, it was asserted that they are owner/landlord of the property bearing no. 72, Rajpur Road, Dehradun, which was let out for office-cum-residence of Senior Superintendent of Police, Dehradun on a month to month tenancy. It was further pleaded that rent of the property in question was subsequently enhanced to Rs.86,232/- w.e.f. 01.09.1993 on plaintiff’s application under Section 21 (8) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as “U.P. Act No. 13 of 1972”) by Additional District Judge, Dehradun vide judgment and order dated 18.05.1999. It was further stated that defendants have not paid rent of said property w.e.f. 01.09.1993 and further that vide notice dated 13.07.2001 under Section 106, Transfer of Property Act read with Section 80 C.P.C., the tenancy was terminated and arrears of rent was also demanded; but, neither rent has been paid nor vacant possession of the said property has been delivered to the plaintiffs. On these pleadings, plaintiffs sought a decree for recovery of Rs.82,15,788/- as arrears of rent; besides, decree for eviction & mesne profits.

3. Upon service of summons, defendants entered appearance before learned Court, however, due to failure on their part to file Written Statement, their opportunity was closed vide order dated 22.04.2002. By a subsequent order dated 03.05.2002, defence of the defendants was struck off for non compliance of Order 15 Rule 5 C.P.C. Defendants moved an application seeking recall of the order dated 22.04.2002, which was rejected on 31.05.2002. Another application by the defendants seeking recall of the order dated 03.05.2002 was rejected by learned Small Causes Court vide order dated 30.07.2002. Defendants filed Civil Revision No. 55 of 2002 against these orders, which was dismissed as infructuous by a Co-ordinate Bench of this Court on 22.10.2002, as in the meantime, suit itself was decided.

4. Learned Small Cause Court decreed the suit ex-parte vide judgment & order dated 24.08.2002 and directed the defendants to pay Rs.82,15,788/- as arrears of rent between 01.09.1993 to 15.09.2001. Defendants were further directed to vacate the premises in question and handover peaceful possession thereof to the plaintiffs within one month with a further direction to pay mesne profits @ Rs.86,232/- per month w.e.f. 16.09.2001 till possession of the property in question is handed over to the plaintiffs. Defendants challenged the ex-parte judgment & decree dated 24.08.2002 by filing Civil Revision No. 62 of 2002, which was dismissed by a Co-ordinate Bench of this Court vide judgment dated 11.08.2008. The defendants sought review of the judgment dated 11.08.2008 rendered in Civil Revision No. 62 of 2002, and their review application was rejected vide order dated 04.01.2011.

5. Plaintiffs (respondents herein) filed Execution Application No. 01 of 2008 seeking execution of monetary part of the decree passed in SCC Suit No. 24 of 2001. The Judgment Debtors paid the entire decreetal amount accrued till then and, accordingly, the Execution Application was consigned to record.

6. Thereafter, in the year 2010, plaintiffs/decree holders filed Execution Application No. 01 of 2010 with the prayer that they be put back in possession over the property in question and, for that purpose, they prayed for issuance of a Writ of Possession in respect of the property in suit as detailed in the schedule given