DR. MUHAMMAD IBRAHIM Vs. RAHIMAN KHAN AND ORS.

JUDGEMENT

(1.) THIS is an appeal against the order of the learned District Judge of Guntur, made in A.S. No. 38 of 1946 filed against the order in execution made in E. P. No. 326 of 1945, on the file of the Subordinate Judge of Guntur. The said execution was filed to execute an order made by the Rent Controller of Guntur in favour of one Rabia Bibi on the 12th September, 1945. An appeal was taken from the Rent Controller's order and that order was upheld by the Collector of Guntur on the 10th October, 1945. A period of two months had been granted for the tenant who is the appellant before this Court to vacate the premises. On the 6th November, 1945, Rabia Bibi died and the application for execution was made by the legal representatives of Rabia Bibi before the learned Subordinate Judge of Guntur. Objection was taken by the tenant to the execution on the ground that the order for eviction was personal to the landlady and intended to enure only for her benefit as her case was that she required the premises for her personal occupation and was therefore entitled to an order in ejectment. She having died, it is contended that the order is not capable of execution at the instance of her legal representatives who apparently possess houses of their own which they are occupying. The learned Subordinate Judge while finding that the order for eviction was personal and for the benefit of Rabia Bibi ordered delivery holding that Section 7 -A(5) of the Madras House Rent Control Order, 1945, stood in the way of the contention set up by the tenant. In my view this section seems to have no bearing on the case. Section 7 -A(5) is in the following terms:

(2.) THE question that arises for decision in this C.M.S.A. is bereft of authority. The order protects the rights of tenants to continue in possession of property leased to them notwithstanding that decrees in ejectment might have been passed prior to the commencement of the order and enables eviction of tenants only in certain circumstances. One of the provisions enabling a tenant to be evicted is Rule 7 -A(2 -A), which is in the following terms:

(3.) THE appeal is therefore allowed with costs throughout.