MULRAJ DOSHI Vs. GANGADHAR SINGHANIA

JUDGEMENT

(1.) This is a judgment-debtor's application under Section 115 of the Civil P. C. challenging the executability of the order of eviction passed by the Controller amounting to a decree in the court of the Subordinate Judge at Rourkela. The opposite parly filed House Rent Control Case No. 28 of 1968, obtained an order of eviction and levied execution thereof in the court of the Munsif, Panposh. The District Judge of Sundergarh transferred the said case in exercise of powers under Section 24 of the Civil P. C. to the court of the Subordinate Judge at Rourkela. When notice to show cause why the order of eviction may not be executed was issued, the judgment-debtor appeared before the Subordinate Judge and objected to his jurisdiction to proceed with the execution on the ground that it was contrary to the provisions of Section 15 of the Orissa House Rent Control Act. The objection has been overruled and the judgment-debtor has carried this revision application.

(2.) Section 15 of the Act provides:--

(3.) It is not disputed that the Munsif named in Section 15 of the Orissa House Rent Control Act is a Civil Court and to proceedings in his Court, the Civil P. C. has application. The Supreme Court in the case of Ram Chandra Aggarwal v. Stale of Uttar Pradesh, AIR 1966 SC 1888, was considering the applicability of Section 24 of the Civil P. C. to a reference made under Section 146 of the Criminal P. C. It observed (at p. 1891) :-