Prasar Bharti Broadcasting Corp. vs Uma Patel

S.K. Gangele, J.—Heard. This petition has been filed by the petitioner, a judgment debtor, against the order dated 7/5/2012 passed by the Executing Court. The Executing Court has issued a direction that the decree holders are entitled to receive rent.

Earlier the plaintiffs/decree holders filed a suit for eviction which was decreed. In execution proceedings, the possession was delivered to the decree holders. Thereafter, the petitioner deposited the rent which was due of the suit accommodation. The Executing Court directed that the rent be paid to the decree holders.

Contention of the learned counsel for the petitioner is that there is a dispute in regard to the ownership of the suit accommodation, hence, the decree holders alone are not entitled to receive the rent. Same contention has been put forth by learned counsel for respondent No. 3.

I am not in agreement with the aforesaid contention. Suit for eviction has been decreed in favour of the plaintiffs/decree holders. In such circumstances, primarily, the decree holders are entitled to receive the rent. If there is any dispute about the ownership of the suit accommodation, the other persons are eligible to file a suit in this regard and in accordance with the judgment and decree that may be passed in the suit, aforesaid persons can claim their right to rent. With the aforesaid observation, this petition is disposed of.