KUBCHAND Vs. D.R. DANDEKAR

JUDGEMENT

(1.) THIS revision petition arises of proceedings in execution of a decree eviction. On 22 -3 -1948 the applicant obtain from the Court of City Sub -judge, Lashkar a decree against the non -applicant Dandekar for arrears of rent and for ejectment from house. When the decree -holder took out exection of the decree on 3 -4 -1948, the judgment debtor took the objection that under Section (sic) Gwalior State Accommodation Control Ordinance of Samvat 2004 he could not be ejected as the decree for ejectment was passed before the date of the commencement of the said Ordinance and that the decree for ejectment was (sic) made on any of the grounds mentioned in State of the Ordinance.

(2.) I have heard learned Counsel for the parties. In my opinion the decision of the lower that the decree -holder is not entitled to the tenant is not correct. In coming to the conclusion they did, the Courts below have not properly construed the provisions of Section 11, Madhya Bharat Rent Control Act, 1950.

(3.) MR . Sapre learned Counsel for the non -applicant contended that as Section 19, Madhya Bharat Rent Control Act continues in force orders made under the repealed Gwalior State Accommodation Control Ordinance, Samvat 2004, order passed by the executing Court 9 -8 -1948 that under Section 7 of the Ordinance the non -applicant could not be ejected as he had (sic) ed to pay to the landlord the maximum rent mentioned in the proviso to Section 7, must be held be operative even after the coming into force the Madhya Bharat Rent Control Act, 1950 (sic) that, therefore, the non -applicant was not able to be ejected. There is no force in this attention.