Rama Kant Kanaujiya vs Smt.Sushila Devi And Another
2023 Latest Caselaw 4783 ALL

Citation : 2023 Latest Caselaw 4783 ALL
Judgement Date : 13 February, 2023

Allahabad High Court

Rama Kant Kanaujiya vs Smt.Sushila Devi And Another on 13 February, 2023

Bench: Salil Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1120 of 2023
 
Petitioner :- Rama Kant Kanaujiya
 
Respondent :- Smt.Sushila Devi And Another
 
Counsel for Petitioner :- Shivendu Ojha,Kartikeya Shukla,Sr. Advocate
 

 
Hon'ble Salil Kumar Rai,J.

An amendment application filed by the petitioner is taken on record.

Heard the counsel for the petitioner.

The present petition has been filed challenging the judgment and order dated 5.1.2023 passed by the Additional District Judge, Court No.10, District Kanpur Nagar dismissing Civil Misc. Case No. 975 of 2022 registered on the application numbered as Paper No. 4-C filed under Section 47 read with Section 151 of the Code of Civil Procedure, 1908.

The relevant facts of the case are that the Small Causes Court vide its judgment and decree dated 10.9.2018 decreed Small Causes Case No. 34 of 2015 instituted by the respondents - landlords for arrears of rent and eviction of the tenant - petitioner from the suit property. When the decree was put in execution, the petitioner filed the aforesaid application claiming that the suit property which were shops were constructed on a plot of which the respondents - landlords were not the owner but which vested in the Gaon Sabha and, therefore, the execution application was liable to be dismissed. The execution court vide its order dated 5.1.2023 has rejected the application filed by the petitioner. The dispute regarding the landlord - tenant relationship between the petitioner and the respondents - landlords was an issue framed in Small Causes Case No. 34 of 2015 which has been decided against the petitioner and in favour of the respondents.

The execution court cannot go behind the decree. The execution court has rightly rejected the application filed by the petitioner. I do not find any illegality in the same so as to occasion interference by this Court under Article 227 of the Constitution of India.

The petition is dismissed.

The amendment application is also disposed of with the aforesaid observation.

The petitioner may exercise any other remedy available to him in law.

Order Date :- 13.2.2023

Satyam