BABU MIAN Vs. MST HAFIZAN

JUDGEMENT

(1.) This is a 'judgment debtor's appeal.

(2.) A decree for ejectment from an accommodation was obtained by the decree holder on 26-10-1945. This was confirmed in appeal on 18-7-1946. On 10-12-1954 the decree-holder applied to the District Magistrate for the permission to execute the decree for eviction. The District Magistrate had conferred on the Town Rationing Officer the power to exercise the functions under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act. Learned Counsel for the Appellant states that the other powers under the Act were given to the Rent Control and Eviction Officer. The decree-holder's application for permission was dealt with admittedly by the Town Rationing Officer under the authority given to him. The Town Rationing Officer granted the permission to the decree-holder. This was confirmed in revision by the Additional Commissioner and the decree-holder thereupon prayed that the execution proceedings which had been stated by an order on 23-11-1946 be continued.

(3.) One of the objections taken by the judgment-debtor which has survived and has now come up for consideration is that the authority of the Town Rationing Officer did not empower him to accord the permission sought by the decree-holder to execute the decree. The executing court took the view that the permission was not valid and allowed the objection. The lower appellate court held that the permission was valid and that the Town Rationing Officer was duly authorised by the District Magistrate to pass orders under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act and as such the permission granted by him was fully effective in law. In this view of the matter the learned Civil Judge allowed the appeal and, dismissing the objection raised by the judgment-debtor, directed the execution of the decree to proceed.