DHANI RAM Vs. NARINDER SINGH
LAWS(J&K)-2006-5-35
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 05,2006

DHANI RAM Appellant
VERSUS
NARINDER SINGH Respondents

JUDGEMENT

- (1.) DHANI Ram, appellant, has filed this appeal against order dated 08.06.1982 of learned District Judge, Jammu, whereby while upholding the decree of ejectment passed by Sub Judge, Jammu, against the appellant, the case was remanded to the trial Court for framing an issue in regard to arrears of rent.
(2.) THIS appeal was filed on 15.02.2001 alongwith an application seeking condonation of delay in filing the appeal. This condonation application appears to have been allowed on 12.11.2002, when nobody seems to have appeared on behalf of the respondent despite substituted service.
(3.) SH . L. K. Sharma, learned counsel for respondent, raised a preliminary objection that the appeal was not maintainable, which according to learned counsel warranted dismissal with exemplary costs for prolonging the litigation and depriving the respondent of the fruits of the decree of ejectment affirmed in his favour by District Judge, Jammu, on 08.06.1982. Learned counsel refers to Gayatri Devi and ors V/s Shashi Pal Singh reported as (2005) 5 SCC 527. Sh. Nirmal Kotwal, learned counsel for appellant, meeting the preliminary submission of Sh. Sharma, urged that his appeal was maintainable in view of the law laid down in AIR 1962 Rajasthan 57. He, when confronted with the situation, as to how the appellant would question the decree of ejectment, which had attained finality, in the absence of any civil second appeal having been filed against it, made a statement at the bar that the appellant would not press his appeal in so far as it questioned the decree of ejectment, which stood affirmed on 08.06.1982 by learned District Judge, Jammu. Sh. Kotwal, however, submitted that decree for ejectment could not be executed if the issue framed by the trial Court, pursuant to the remand order, was decided against the plaintiff/respondent.;


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