AIR 1980 DELHI 171 ::1980 RajLR 362 ::(1980) 2 RenCR 59

Delhi High Court

Hon'ble Judge(s): Prakash Narain, B. N. Kirpal , JJ

Delhi Rent Control Act (59 of 1958) , S.14— Eviction of tenant by execution of ex parte decree - Induction of new tenant - subsequent bona fide tenant is entitled to retain his possession on reversal of decree of eviction - S.144, C.P.C. is not attracted - 1978 Rajdhani L.R. (Notes) 80 Overruled. Civil P.C. (5 of 1908) , S.144— Where on eviction of a tenant in execution of an ex parte decree for eviction, another tenant who was unaware of the litigation was inducted and the earlier decree for eviction was subsequently reversed, the evicted tenant could not be granted possession when the tenant subsequently inducted opposed it. He would be entitled to protection of Section 14. To such a case, Section 144, C.P.C., was not applicable. 1998, Rajdhani LR (Notes) 80 Overruled. AIR 1966 SC 948 Rel. on.(Para 11) Parties to the lis cannot be heard to raise any objection against compliance of the appellate decree or order. A party entitled to restitution must be granted that as against the opposite party in the suit or the original litigation. However, a bona fide purchaser or transferee stands on a different footing. His right being an independent right cannot be disturbed in equity or in law. Even Section 144 C.P.C. does not warrant it.(Para 10) .....