Gulab Rai vs Third Additional District Judge and Others

Pursuant to the direction made by this court by its order dated 21/08/1986, the High court afforded an opportunity of a hearing to the parties and has submitted its report dated 4/11/1986 holding that the landlady Smt. Vijay Rani Tandon by her acts frustrated compliance of the court''s order dated 26/08/1985 as a result of which the tenant Gulab Rai was unable to take possession of the portion of the demised premises allotted to him in terms of the compromise decree passed by this court on 4/05/1984, as clarified by the subsequent order dated 13/09/1984. We have heard learned counsel for the parties and we find no reason to come to a different conclusion than the one reached by the High court. In the circumstances, it must be held that the court''s order dated 26/08/1985 could not be implemented due to the action of the landlady and that the tenant was not at fault. In view of this, we direct the District Judge, Kanpur to execute the compromise decree by appointment of a Commissioner and place the parties in possession of their respective portions, if necessary by the use of police force, within a period of one month from today.

CMP is disposed of accordingly.