PRAMOD KUMAR MAHESHWARI Vs. RAJENDRA KUMAR AND OTHERS
LAWS(ALL)-2008-3-292
HIGH COURT OF ALLAHABAD
Decided on March 29,2008

Pramod Kumar Maheshwari Appellant
VERSUS
Rajendra Kumar And Others Respondents

JUDGEMENT

Dilip Gupta, J. - (1.) This case depicts how the tenant has been able to thwart all attempts of the landlord to obtain possession of the premises by raising frivolous objections in Execution Case No.14 of 2007 even though this Court by the judgment and order dated 26th October 2006 in Writ Petition No.2558 of 2001 had directed the tenant (present petitioner) to not only deposit the entire arrears of rent together with interest within a month but to handover peaceful possession of the accommodation to the landlord within three months from the date of Judgment.
(2.) The Court is reminded of the note of caution sounded by the Supreme Court in Ravinder Kaur v. Ashok Kumar & Anr., 2003 AIR SCW 7158 :- "Courts of law should be careful enough to see through such diabolical plans of the judgment-debtors to deny the decree-holders the fruits of the decree obtained by them. These type of errors on the part of the judicial forums only encourage frivolous and cantankerous litigations causing law's delay and bringing bad name to the judicial system."
(3.) The Court is also reminded of what was observed by the Supreme Court in T. Arivandandam v. T.V. Satyapal & Anr., AIR 1977 SC 2421 :- "The sharp practice or legal legerdemain of the petitioner, who is the son of the 2nd respondent, stultifies the court process and makes decrees with judicial seals brutum fulmen. The long arm of the law must throttle such litigative caricatures if the confidence and credibility of the community in the judicature is to survive. ;


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