execution
Adv B.B.Gambhir #9814820602
(Querist) 11 February 2011
This query is : Resolved
a execution for the eviction of a shop is pending before the rent controller. the learned lower court had passed the eviction order in favour of landlord which is remained as such upto Hon'ble Supreme Court. In that execution the baliff has filed the report that this shop can not be evicted as the shop is not correctly described the sides and dimenssion of shops are not use ful to identify the shop in question. the tanent had taken the plea that the shop is not correctly described. Now at the stage if we amend the decree the decree can not be ammended beyond the pleadings. this is not technical or typographical mistake. what should we do?
Dayananda Gowda
(Expert) 11 February 2011
You have to file the application under Order 6 Rule 17 for amending the schedule in execution petition. it is maintainable
Kiran Kumar
(Expert) 11 February 2011
In my opinion, if the eviction orders have been obtained on the basis of wrong dimensions and site plan then certainly the orders/ decree can not be executed.
The decree shall go.
Lets see what other experts say...
Advocate. Arunagiri
(Expert) 12 February 2011
While all other details and facts are correct regarding the shop, only the boundaries is not properly mentioned, this can be cured by amending the plaint.
G. ARAVINTHAN
(Expert) 12 February 2011
If the tenant not at all raised till Supreme Court, cannot raise after execution also. Hence landlord can file application to amend the schedule of property in the decree.
Kirti Kar Tripathi
(Expert) 12 February 2011
I am of the Kiran's View. It can not be executed.
