CHOUGANI M.P Vs. ABDUL AZIM

JUDGEMENT

(1.) THIS Letters Patent appeal from a decision of Tare J., arises out of execution proceedings of an ejectment decree obtained by the Respondent against the Appellant from the Court of the Additional Munsiff, Bhopal. An appeal preferred by the tenant against the judgment and decree of the Additional Munsiff, Bhopal, was dismissed on 6th November, 1958. In execution proceedings of that decree, which was initiated after the Madhya Pradesh Accommodation Control Act, 1955, came into force on 1st January 1959, the tenant raised the objections that the decree was not executable as none of the grounds mentioned in section 4 of the Act existed and that the decree that was executable was of the appellate Court and not of the original Court.

(2.) THE executing Court rejected the tenant's objection resting on Section 16 of the Act. The objection that the decree of the trial Court was not executable as it had merged into the decree of the appellate Court was upheld and the execution application was dismissed. Both the tenant and the landlord then preferred appeals in the Court of the Additional District Judge, Bhopal. The learned Additional District Judge allowed the judgment -debtor's objection that in view of the provisions of section 16 of the Act the decree could not be executed against him except on any of the grounds mentioned in Section 4. Accordingly the judgment -debtor's appeal was allowed and the decree -holder's appeal was dismissed. Thereupon the decree -holder came up in second appeal to this Court.

(3.) BEFORE us, the only contention that was put forward by Shri Dabir, learned Counsel for the Appellant, was that the decree of the appellate Court having been passed before the commencement of the Act, it could not be executed without any determination as to the existence of the grounds stated in Section 4 at the time of the execution; that the decree in question was not, in fact, on any of the grounds falling under Section 4; and that even if it was, Section 16 did not cease to be applicable so as to dispense with an enquiry into the existence of a ground for ejectment under Section 4 at the time of the execution.