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1. This is an application under O.21, R. 95, CPC filed by the auction purchaser, M/s. Delhi Packaging Pvt. Ltd. praying for an order for delivery of possession.

2. The facts giving rise to this application are that Shri Bhag Mal Jain, deceased, who is now represented by his legal representatives as judgment debtors, was the owner/lessee of plots Nos. 226 and 227, Block 'L', Gali Nos. 2 and 3, Beadonpura, Karol Bagh, New Delhi which was mortgaged by him for Rs. 94,000 with Shri Balkishan Dass, deceased, who is now .represented by his legal representatives as decree-holders by means of a mortgage deed dated 19-9-1958 registered on 24-9-1958. In the suit filed by Balkishan Dass, on the basis of this mortgage deed, a preliminary decree was passed under O. 34, CPC by the Subordinate Judge, Delhi, but all the reliefs claimed by the plaintiff were not granted. He, therefore, filed a first appeal in this Court (RFA No. 172-D/ 63) which was accepted and a preliminary decree under O. 34, R. 4, C.P.C. was passed on 31-8-1970 by this Court granting four months time to the judgment-debtor to pay the decretal amount. It was further ordered that in case of his failure to do so, the decree-holder would be entitled to apply for the final decree and obtain a direction for sale of the mortgaged property or a sufficient part thereof and recover the decretal amount. The judgment-debtor did not make the payment as per the Judgment and Decree dated 31-8-1970. The decree holder, therefore, filed O.M.P. No. 13/71 on 29-1-1971 claiming that a sum of Rs. 1,76,718.88 besides interest from 1-1-1971 up to the date of realisation was still due to him and that the preliminary decree passed by this Court on 31-8-1970 be made final and the mortgaged property be directed to be sold and the sale proceeds be applied for satisfaction and payment of the decretal amount.

3. There has been a protracted litigation regarding this property since 1971 but after dismissal of various applications/ objections filed by Sh. Harbans Lal Naseem and others, the mortgaged property was auctioned on 25-6-1973 and it was purchased by M/s. Delhi Packaging Pvt, Ltd. for a consideration of Rs. 1,40,000 in the court auction. Sh. Harbans Lal Naseem had filed objections on the plea that he had purchased this property in a court auction held on 14th December, 1964 ini execution of a decree in the case of Jatinder Prakashv. Bhag Mal Jain for Rs. 54,000; the sale was confirmed on 14-1-1966 and a sale certificate was issued in his favor on 6-10-1966. The objections filed by Sh. Harbans Lal Naseem were dismissed holding that Harbans Lal had only purchased the right and the interest of the judgment-debtor, Sh. Bhag Mal Jain i.e. he purchased the right to redeem the mortgaged property. It was further held that the suit property stood mortgaged with Shri Balkishan Dass, the decree-holder, earlier to its sale in the case of Jatinder Prakash v. Bhag Mal Jain. The appeal filed against those judgments dismissing the objections filed by Sh. Harbans Lal Naseem and Sh. Vidya Sagar were also dismissed. The preliminary decree dated 31-10-1970 passed in favor of the decree-holder was made final on 12-8-1971 and the property was auctioned on 25-6-1973 and purchased by M/s. Delhi Packaging Pvt. Ltd., being the highest bidder and it deposited the entire sale proceeds. The sale was confirmed and the sale certificate was issued. Possession of the property could not, however, be obtained due to various objections filed by Mr. Harbans Lal and others. In February, 1981 the auction purchaser filed this application under O.21, R.95, C.P.C. seeking the relief of recovery of possession from Shri Kanahya Lal Mittal and Shri Kishan Kumar Mittal, Shri Anand Parkash Gupta, Shri A. S. Pathak, Shri Bhagwan Dass and Shri Parma Nand. It has, however, been averred by the learned counsel for the auction purchaser that S/Shri Anand Parkash Gupta, A. S. Pathak, Bhagwan Dass and Parmanand have settled the matter with the auction purchaser out of Court and. the only dispute which remains to be decided is regarding that portion of the property which is in possession of Sh. Kanhaya Lal Mittal and Shri Kishan Kumar Mittal, who have contested this application and filed objections. In their reply they have alleged that they have been in lawful occupation of the premises bearing No. 226, Block L, W.E.A. Karol Bagh, New Delhi, having been inducted as tenants by a competent person prior to the auction sale of the said property in favor of the auction purchaser on 25-6-73. It is alleged that they were inducted as tenants in the premises in dispute by Sh. Harbans Lal Naseem soon after 14-1-1966 when the sale certificate was issued to him. They are entitled to continue in the premises as lawful tenants and their tenancy rights cannot be disturbed by the auction purchaser. It is also alleged that the sale was wrongly confirmed in the name of M/s. Delhi Packaging Pvt. Ltd. by Sultan Singh, J. and, therefore, M/s. Delhi Packaging Pvt. Ltd. have no valid right or title to claim possession of these premises from the objectors. It is further stated that when the auction with respect to this property was held on 25-6-1973 they were already in possession of these premises as tenants. It is denied that they were inducted as tenants in the unbuilt up area of these premises and that they have made any unauthorised construction on the said plot of land. It is further alleged that the auction purchaser had no locus standi to enter upon these premises because they are neither the landlords nor the owners. These pleas taken by Sh. Kanhaya Lal Mittal and Sh. Kishan Kumar Mittal have been controverter by the auction purchasers in their rejoinder and they have denied that the objectors were inducted in the said premises prior to 25-6-1973. It is further stated that Sh. Harbans Lal Naseem had only purchased the equity of redemption in execution of the decree against Sh. Bhag Mal Jain and he could not have a better title than Sh. Bhag Mal Jain, the original mortgagor. In the mortgage deed dated 19-9-1958 executed by Sh. Bhag Mal Jain in favor of Sh. Balkishan Dass, it has been provided that "the mortgagor has not, nor shall hereafter, encumber, charge or do anything or cause to be done any thing whereby the security is impaired" meaning thereby the judgment-debtor after the date of mortgage could not create any lease of the property in favor of some one else and thereby impair the value of the security. The suit on the basis of mortgage commenced on 18-7-1959 and any lease executed by the judgment-debt or or persons who are alleged to have stepped into the shoes of the judgment-debtor, is hit by the principles of lis pendens and the transferees from the judgment-debtor after filing of the Suit are liable to be evicted at the instance of the auction purchaser. The objectors have no right to continue in possession and are liable to be evicted forthwith.

Jindal Steel Tubes in these premises and they used to receive goods consisting of steel tubes in these very premises and dispose them of by giving the delivery to their customers. He was residing all alone in these premises from 1-1- 67 till 1970 when his family also joined him.

Sometime in February, 1970 he shifted his family to 24, Bedeon Pura, Karol Bagh, New Delhi. Mark B1 to B33 are the copies of the bills which they had issued to their customers.

The stock registers maintained by them are Ex. OW 9/26 to OW 9/ 35. It is further stated that when they used to purchase the goods from M/s. Jindal India (P) Ltd., they used to issue bills which they were maintaining in the normal course of business. The original bills are contained in the register Ex. OW 9/ 36 and Ex. OW9/37. He further alleged that the business of M/s. Standard Tubes Agency was a partnership business in which his father, Sh.

on. Ex. OW9/41 is the certificate granted by the Sales Tax Officer.

12. On the basis of the aforesaid docu-ments, the learned counsel for the objectors also drew my attention towards the statement of Sh. Chander Sekhar from the Sales Tax Department, OW 1 and Sh. Raj Kumar Wahi, OW 13. Sh. Chander Sekhar, OW 1 proved the application dated 29-1-1970 of the Standard Tube Agencies. Photostat copy of this application is marked as X-1, and the original certificate of registration is marked as Ex O-1 and the certificate dated 31-8-81 issued by Sh. V.K.S. Chauhan, Asstt. Sales Tax Officer is marked as Ex. X-2. Sh. Raj Kumar Wahi, a stenographer in the Sales Tax Department stated from the record that the Standard Tube Agency had moved an application before the department for amendment on 29-1-1970. The copy of the said application is marked as O W 13/1. Besides the statements of these witnesses, the learned counsel also drew my attention towards the statement of Sh. Banarsi Dass Arora, who appeared as OW 10, and who was running a pipe business under the name of Delhi Pipe Store, Hauz Qazi, Delhi. According to him their firm used to purchase steel pipes from Standard Tube Agency belonging to Sh. Kanhiya Lal Mittal and his son. The goods used to be supplied by Standard Tube Agency from Gurdwara Road godown. He stated that the sales tax declaration forms affixed at the back of Exs. OW10/1 and Ex OW 10/2 are correct. According to him the sales tax declaration forms Ex OW 10/1C and Ex OW 10/1D bear the signatures of Sh. Adarsh Arora, partner of the firm. OW11, Sh. Vijay Gulati, also dealing in the pipe and hardware business stated that his firm had dealings with Standard Tube Agency since 1969 when he came in as a partner in his firm. According to him the sales tax declarations Exs. OW 11 /1 to OW 11/13 bear the signatures of Sh. Krishan Lal Dang, who was the partner in the year 1969 to 1982. The goods from Standard Tube Agency used to be received from their godown at Gurdwara Road, Karol Bagh, New Delhi. Sh. Mahinder Singh, QW2 alleged himself to be a neighbour of the objectors and stated that he knows the objectors, Sh. Kanhaya Lal Mittal and Sh. Kishan Lal Mittal and he has been seeing these objectors using the said godown for the last 15-16 years in front of his shop at 2679 Gurudwara Road, New Delhi. The objectors keep steel pipes in the said godown and that it is partly open and partly covered.