19-04-1972-It is true that Section 13(1) of the Delhi Rent Control Act prohibited the court from passing the decree or order for recovery of possession of any premises in favour of a landlord against the tenant unless the court was satisfied that one or more of the grounds given in that provision existed; In the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of the Senior Subordinate Judge dated October 30, 1961 given in the first set of execution proceedings the various circumstances were considered by which the learned judge came to the conclusion that the court which passed the decree for eviction was satisfied that one or more of the grounds mentioned in Section 13 of the Rent Control Act had been made out. The decision given in the first set of execution proceedings was thus not one of lawLaw νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article only but of a mixed question of law and factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows.. Such a decision undoubtedly would operate as res judicataRes judicata Rights of co-defendants: Har Narayan Tewari (D) Thr. Lrs. v. Cantonment Board, Ramgarh Cantonment & Ors.[2024] 7 S.C.R. 29. Govindammal (Dead) by Legal Representatives and Ors. v. Vaidiyanathan and Ors. [2018] 11 SCR 1092 : (2019) 17 SCC 433.. In execution proceedings Section 11 of the CPCCode of Civil Procedure Main Sections: Filing, Summons, Trial, Judgment, Execution, Appeal, Interim Applications, Interim Injunction, Cost, Notice Rules: Order VII. Statutory Drafting and Forms: General Pleding does not apply in terms but the rule of constructive res judicata has always been applied.
(1972) AIRAIR All India Reporter(SC) 1427 : (1972) 3 CivAppJ(SC) 311 : (1972) RCJ 546 : (1972) RCR(Rent) 528 : (1972) 2 SCCSCC Supreme Court Cases 192 : (1972) SCD 628 : (1973) 1 SCRSupreme Court Reports It is the official Reporter of the reportable decisions delivered by the Supreme Court of India. It is published under the authority of the Supreme Court of India by the Controller of Publications, Government of India. 254 : (1972) UJ(SC) 921
SUPREME COURT OF INDIAArticle 124 of the Constitution of India Constitution of India > 124. Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that-- (a) a Judge may, by writing under his hand addressed to the President, resign his office (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4): (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
FULL BENCH
( Before : K. S. Hegde, J; G. K. Mitter, J; A. N. Grover, J )
KANI RAM AND ANOTHER — Appellant
Vs.
SMT. KAZANI AND OTHERS — Respondent
Civil AppealCivil Appeal Vasant Ganesh Damle vs. Shrikant Trimbak Datar (AIR 2002 SC 1237) in the following words: "The appeal is considered to be an extension of the suit because U/S. 107 of the Code of Civil Procedure, the appellate Court has the same powers as are conferred by the Code on Courts of original jurisdiction in respect of suits instituted therein. Such a power can be exercised by the appellate Court "as nearly as may be" exercised by the trial Court under the Code. If the powers conferred upon the trial Court are under a specified statute and not under the Code, it has to be ascertained as to whether such a power was intended to be exercised by the appellate Court as well. Such a position can be ascertained by having a reference to the specified law by keeping in mind the legislative intention of conferment of power on the appellate Court either expressly or by necessary implication." No. 247 of 1971
Decided on : 19-04-1972
Civil Procedure Code, 1908 (CPC) – Order 21 Rule 16, Section 11
Delhi and Ajmer Rent Control Act, 1952 – Section 13(1)
Civil Procedure Code, 1908 (CPC) – Section 11 – Res judicata – Application on execution proceedings – Even if provision does not apply, principles of constructive res judicata apply.
Civil Procedure Code, 1908 (CPC) – Section 47 -Delhi and Ajmer Rent Control Act, 1952 – Suit for ejectment on the ground of non-payment of rent and bonafide requirement Compromise decree – Execution application allowed over-ruling objections of the tenant that the compromise decree is a nullity and hence not executable – Decree holder alienating the property in the meanwhile – Alienee filing execution application – Tenant barred by constructive res judicata.
JUDGMENT
A.N. Grover, J.—This is an appeal by special leave from a judgment of the Delhi High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission..
2. One Jaigopal instituted a suit for ejectment and recovery of rent under Clauses (a) and (e) of Section 13 of the Delhi & Ajmer Rent Control Act 1952 in respect of a house situate in Pahargunj against the tenant. The grounds on which ejectment was sought were non-payment of rent and bona fide personal requirement of the landlord. The suit was resisted by the tenant on various grounds but ultimately on June 2, 1956 a decree for ejectment was passed on the basis of a compromise. The suit with regard to the recovery of arrears of rent was dismissed. On June 6, 1959, the decree holder filed an application for execution of the decree. The tenant raised various objections; one of the objections was that the decree sought to be executed was based on a compromise and not on any findings of the court with the result that it was a nullity. On September 7, 1960 the Executing Court dismissed the objection and allowed the execution application of the landlord. That order was confirmed in appeal by the Additional Senior Sub-Judge on October 13, 1961. The judgment-debtor went up in revision but the same was dismissed by Mahajan J. on December 19, 1962.
3. In March 1962, Jaigopal the decree holder sold 1/2 share in the house in dispute to Kani RamLord Rama A prince of the Solar Dynasty (Ikshaku Vamsa, capital Ayodhya). His victorious story was portrayed by Valmiki in Ramayana. He identified him as the Avatar of Lord Vishnu. When the Brahmins became unethical, cruel, and greedy, he appeared to restore the Sanatan Dharma. He was trained by Rishi Viswamitra. His rule impacted for 10000 years. Ramrajya means good administration. and Babu Lal the present appellants before us. The remaining 1/2 share was sold by him to one Ramjilal. In the year 1963 an execution application was filed by the appellants and Ramjilal after obtaining the necessary orders of the court under Order 21, Rule 16 of the CPC. In 1969 the appellants also obtained the order of the competent authority under the Slum Areas (Improvement and Clearance) Act to execute the decree for eviction. On February 9, 1968 Ramjilal sold his right, title and interest in a portion of the house in dispute to Tara Chand, one of the judgment-debtOrs. On July 26, 1968 an application for execution was filed against the present respondents which was allowed by the Executing Court. An appeal against that order by the respondent failed. The matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” was taken in revision by the respondent to the High Court and a learned single judge allowed the revision application and directed the execution application to be dismissed.
4. There are only two points which require determination. One is whether the matters agitated in the second set of execution proceedings were barred by the applicability of constructive res judicata. The other is whether the original decree for ejectment was valid and was not a nullity. The High Court took the view that the decisions of the courts in the first set of execution proceedings did not operate as res judicata as the substantial question involved was purely one of law. According to the High Court a decree for ejectment obtained under the Delhi & Ajmer Rent Control Act on the basis of compromise was a nullity. Although in the previous execution proceedings which ended with the order of Mahajan J., made on December 19, 1962 it had been held that the decree was valid that decision could not bar an objection being raised by the judgment-debtors in the second set of proceedings with regard to the validity of the decree which was a pure question of law. In our judgment the High Court fell into an error in considering that the decision of the courts in the previous execution proceedings ending with the order of Mahajan J., made on December 19, 1962 involved a pure question of law. A perusal of the orders both of the Executing Court and the first appellate court shows that it was on an examination of the entire facts that the courts arrived at the conclusion that when the decree for ejectment was made the Court had satisfied itself about the existence of the grounds which had been alleged in the petitionPetition αναφορά > παρακαλώ (Prayer) filed by the landlord.
5. It is true that Section 13(1) of the Rent Control Act prohibited the court from passing the decree or order for recovery of possession of any premises in favour of a landlord against the tenant unless the court was satisfied that one or more of the grounds given in that provision existed; (See Bahadur Singh and Another Vs. Muni Subrat Dass and Another, . In the judgment of the Senior Subordinate Judge dated October 30, 1961 given in the first set of execution proceedings the various circumstances were considered by which the learned judge came to the conclusion that the court which passed the decree for eviction was satisfied that one or more of the grounds mentioned in Section 13 of the Rent Control Act had been made out. The decision given in the first set of execution proceedings was thus not one of law only but of a mixed question of law and fact. Such a decision undoubtedly would operate as res judicata. In execution proceedings Section 11 of the CPC does not apply in terms but the rule of constructive res judicata has always been applied. Even according to the judgment of this Court in Mathura Prasad Bajoo Jaiswal and Others Vs. Dossibai N.B. Jeejeebhoy, on which the learned judge of the High Court relied in the judgment under appeal laid down that a mixed question of law and fact determined in the earlier proceedings between the same parties could not be questioned in a subsequent proceeding between them. We have no manner of doubt for these reasons that the High Court was wrong in not sustaining the judgment of the Senior Sub-Judge, Delhi, dated November 14, 1969 by which the order of the Executing Court dated August 23, 1969 had been upheld. In this view of the matter the second point calls for no decision.
6. In the result the appeal is allowed, the order of the High Court is set aside and that of the courts below restored. The appellants will be entitled to costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. in this Court.
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Cases Referred
Bahadur Singh and Another Vs. Muni Subrat Dass and Another, (1970) 72 PLR 995 : (1969) 2 SCR 432
Mathura Prasad Bajoo Jaiswal and Others Vs. Dossibai N.B. Jeejeebhoy, AIR 1971 SC 2355 : (1970) 1 SCC 613 : (1970) 3 SCR 830
Counsel for Appearing Parties
O.C. Mathur and P.C. Bhartari, for the Appellant; Bhadur Saharya, VishnuVishnu He is celebrated as an ancient and supreme deity who upholds cosmic order (ṛta) and creation. He is known as Trivikrama, having measured the universe in three strides: covering the earth, the sky, and reaching the ultimate realm of liberation, called the parama padam. He never incarnated himself as an Avatara. Read More Bhadur Saharya and Yougindra Khushalani, for the Respondent