Sapna Devi vs Angoori Devi (Now Deceased) Thr. ...
2014 Latest Caselaw 4577 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+
     E.F.A No.27/2013 & C.M.Nos.15649/2013(delay), 15651/2013 (stay)

%                                                 17th September, 2014

SAPNA DEVI                                                    ......Appellant
                          Through:       None

                          VERSUS

ANGOORI DEVI (NOW DECEASED) THR. LRS.        ...... Respondents

Through: Mr.Ramkishan Saini, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. No one appears for the appellant, and who is/was the objector,

objecting to execution of the judgment and decree for possession dated

10.9.2012. No one appeared for the appellant/objector even on the last date

of hearing.

2. The appellant/objector filed objections to a judgment and decree dated

10.9.2012 obtained by late Smt.Angoori Devi, who is now represented by

her legal heirs and who are respondents herein.

3. Only that person can object to the execution of a judgment and decree

for possession who has an independent title to the suit property. The

objections however showed that the appellant/objector claimed to be a tenant

from the judgment debtor in terms of a rent agreement dated 21.12.2012,

which was in fact entered into after passing of the judgment and decree

dated 10.9.2012. Clearly, therefore, the appellant/objector had no

independent title to the suit premises because decree holder had/has the

protection of Section 52 of the Transfer of Property Act, 1882 viz doctrine

of lis pendens.

4. In view of the above, there is no merit in this petition, and the same is

therefore dismissed, leaving the parties to bear their own costs.

VALMIKI J. MEHTA, J SEPTEMBER 17, 2014 KA