Alok Sharma, J. - (1.) THESE seven civil misc. applications have been filed under section 446(2)(b) of the Companies Act, 1956 (hereinafter 'the Act of 1956') against the order dated 21.4.2014 passed by the Addl. District Judge, Kishangarh, District Ajmer (hereinafter 'the Executing Court') in Execution Case Nos. 7/1997 (misc. application No. 02/2012 and 118/2011), (misc. application No. 99/2011 and 120/2011), (misc. application No. 02/2012 and 118/2011), (misc. application No. 107/2011 and 117/2011), (misc. application No. 109/2011 and 111/2011) (misc. application No. 108/2011) and (misc. application No. 116/2011). Thereby the Executing Court dismissed the multiple objections filed by the different objectors/resistors applicants (hereinafter 'the objectors/resistors') in the execution proceeding (7/1997) taken by the landlord decree -holder Maharaja Kishangarh Mills Ltd. (hereinafter 'the company in liquidation') through Official Liquidator in respect of the final Judgment & Decree dated 5.2.1987 whereby the Company Court in company application No. 21/1980 under sections 446 and 477 of the Act of 1956 directed eviction of the tenant, one M/s. Mahesh Metal Works, Kishangarh District Ajmer from the premises let -out by the Official Liquidator of the Company in liquidation (hereinafter 'the Official Liquidator') on 7.4.1960.
(2.) THE facts of the case are that the Standard General Assurance Company Limited filed a winding petition No. 3/1956 under section 433 of the Act of 1956 on 7.10.1956 against the company Maharaja Mills Ltd. which was allowed on 7.10.1956. The Deputy Registrar of this Court was appointed as the Liquidator of the Company directed to be wound up. He then in his wisdom rented out a leased property of the company in liquidation i.e. Patni Bhawan to M/s. Mahesh Metal Works (hereinafter 'the tenant') under his letter/agreement to lease dated 17.4.1960. As the premises rented out were not for a fixed period, in law the tenancy was month to month terminable by 15 days notice expiring with the month of the end of the tenancy. Clause 2 of the letter/agreement to lease dated 7.4.1960 allowed the tenant to "sub -let the premises on your risk" evidencing the fact that the tenant could not create rights larger than its own by way of sub -tenancy. The Official Liquidator as landlord thereafter in 1977 filed an eviction petition on the grounds of default, sub -letting and also for the tenanted premises, then in dilapidated condition for lack of upkeep being required for over -all repairs. The tenant filed reply to the eviction petition but did not lead any evidence on the issues framed on the basis of the pleadings of the parties. In the circumstances, following the evidence led by the Official Liquidator and his witnesses on behalf of the company in liquidation, vide order dated 7.11.1986 the evidence of the tenant was closed. Subsequently vide judgment dated 5.2.1987 the eviction petition laid by the Official Liquidator was allowed by the Company Court on the ground of default and the tenant directed to be evicted.
(3.) THE Official Liquidator filed an execution application No. 7/1997 under Order 21 Rule 35 C.P.C. against the judgment -debtor M/s. Mahesh Metal Works through its Partner Shri Inder Dutt Bhargava on 10.11.1997 before the Executing Court. On 19.9.2011 the Assistant Nazir of the Executing Court visited the tenanted premises i.e. Patni Bhawan and appurtenant land which was the subject matter of the judgment for eviction dated 5.2.1987 passed by the Company Court to get it vacated. It was found that the property in issue was occupied by several persons claiming to be sub -tenants of M/s. Mahesh Metal Works in terms of Clause 2 of the letter/agreement to lease dated 7.4.1960. The Official Liquidator sought police help from the Executing Court to take possession. The occupiers of the tenanted property threatened with dispossession under the Company Court's Judgment dated 5.2.1987, resorted to objection applications under section 47 r/w Order 21 Rule 97 and section 151 C.P.C. to the Official Liquidator's execution application. Reply to the objections was filed challenging their maintainability. The Executing Court after hearing the parties, by the impugned order dated 21.4.2014 dismissed the objections to the execution of the Judgment and Decree dated 5.2.1987 passed by the Company Court finding that the objectors had not made out any "just cause" to obstruct/resist the execution of the decree and giving of possession of the tenanted premises to the decree -holder Official Liquidator who as landlord had in the first instance let -out "Patni Bhawan" and appurtenant land to M/s. Mahesh Metal Works.;