SUBNA BAI PATRA Vs. R V VENKATACHALAM IYER

JUDGEMENT

(1.) THIS is an application under Section 115, Civil Procedure Code directed against an order of the learned Munsif, Berhampur, who dismissed an application made to his court purporting to be under Order 21, Rule 99 and Section 151, Civil Procedure Code by a stranger to the pending execution proceeding. Opposite Party No. 1 obtained an order against opposite Party No. 2 from the House Rent Controller of Berhampur under the provisions of the Orissa House Rent Control Act, 1958 for eviction.

(2.) THERE is no dispute that the house in question originally belonged to Opposite Party No. 2. In June 1963 Opposite Party No. 1 purchased it from the said owner and with effect from that date Opposite Party No. 2 continued to be a tenant in respect of the said house under Opposite Party No. 1. The petitioner claims to have got into possession as a sub-tenant under Opposite Party No. 2 in respect of a part of the premises. He was not impleaded in the house rent control proceeding. After the order for eviction was obtained O. E. P. No. 18 of 1969 was initiated for execution of the said order of eviction. In the said proceeding the present petitioner made the application purporting to be under Order 21, Rule 99 read with Section 151, Civil Procedure Code. The allegations in the said petition, so far as material for the present purpose, may be extracted.