J.V.GUPTA,J - (1.) THIS is plaintiff's appeal whose suit for declaration has been dismissed by both the Courts below.
(2.) ORIGINALLY one Phula was the tenant in the shop in dispute. He died on 17.12.75. The defendant-landlord Ram Sarup Gupta filed an ejectment application before the Rent Controller against the heirs of the said tenant. However, the said ejectment application was dismissed by the Rent Controller on 7.10.1980. Later on, the landlord Ram Sarup Gupta filed a suit for ejectment against the said heirs of the tenant. The civil suit was decreed on 24.9.83. An appeal was filed against the said decree of the trial Court which was dismissed by the way of compromise on 10.2.83. The defendants in the said suit were allowed to vacate the premises after three years of the passing of the decree by the Appellate Court. Now, said defendants have filed the present suit for declaration to the effect that the judgment and decree dated 24.9.1983 and the decree passed in appeal on 10.12.1983 were illegal, void and could not be executed against them. The suit was contested on the plea that the civil suit against them has already been decreed and their appeal was also dismissed and, therefore, the same operates as res-judicata. The trial court found that the suit was not maintainable, and consequently dismissed the same vide judgment dated 16.4.86. The appeal against the judgment of the trial Court was maintained.
(3.) THE learned counsel for the plaintiff-appellant has cited Mani Subrat Jain v. Raja Ram Vohra, 1980(1) RCR 325 (SC) : AIR 1980 SC 299 to contend that the plaintiffs after the death of the Phula tenant became the tenants in the shop in dispute, and, therefore, they could not be ejected in execution of the civil court decree.;