AHMED KHAN Vs. MOHAMAD KHASIM SAB

JUDGEMENT

(1.) The respondent-decree-holder filed the suit, OS.317 of 1964 against the appellant-judgment-debtor for declaration of title for recovery of arrears or rent and for possession of the suit schedule site described as site No. 1 in Sy.No.38 of Anehalli Inam Village situated within the Municipal limits of Bhadravathi Town. The suit was dismissed by the triaj Court. The plaintiff's appeal was allowed by the first appellate Court in RA.140 of 1965 on the file of the Addl Civil Judge, Shimoga. Thereafter, the respondent took out the present execution petition. The appellant contended that the decree obtained by the respondent is a nullity on the ground that the Munsiff Court, Bhadravathi, did not have jurisdiction to pass a decree for eviction, since the subject-matter of the suit was governed by the provisions of the Mysore House Rent Control Act, 1961. The execution Court held that the Rent Control Act applied to the subject-matter of the suit, but that since the judgment-debtor did not raise the plea with regard to lack of jurisdiction in the suit it is not open to him to raise it in the present execution proceeding. The lower appellate Court held that there is no, proof that the Mysore Rent Control Act is applicable to the site in question and that the decree cannot be said to be a nullity. It accordingly over-ruled the objections of that judgment-debtor and ordered the execution to proceed. It is against this order that the, preseent appeal has been filed by the judgment-debtor .

(2.) In Kiran Singh v. Chaman Paswan, AIR. 1954 SC. 340. It has been observed as follows :

(3.) In Hira Lal Patni v. Sri Kali Nath, AIR. 1062 SC. 190, it has been held :