RAMAI RANJAN PATI Vs. SAHANAJ FATIMA

JUDGEMENT

(1.) . This Civil Revision is directed against the Judgment of the Additional District Judge, Sambalpur passed on 11.3.2003 in Misc. Appeal No. 18/1 of 1998 2001.

(2.) ADMITTEDLY , petitioner was the tenant opposite party in H.R. Case No. 22 of 1987 of the Court of House Rent Controller cum SDJM Sambalpur. Opposite Party was the land lady cum applicant, in that H.R.C. proceeding. Her claim for eviction was considered and allowed by learned SDJM along with a direction for payment of the arrear house rents amounting to Rs. 9,600/ with the stipulation to get that order executed if the tenant fails to comply with the same. The applicant in that H.R.C. proceeding, thus, filed Execution Case No. 31 of 1996 in the Court of Civil Judge (Junior Division), Sambalpur, to execute the aforesaid order of the House Rent Controller. The tenant/petitioner filed an application under Section 47 of the Code of Civil Procedure, 1908, (in short 'the Code'); challenging to executability of the order of the House Rent Controller, inter alia on the grounds that the order for payment of arrear House Rent is without jurisdiction of the House Rent Controller and therefore not executable and that relating to the suit house a civil suit vide Title Suit No. 50 of 1986 is pending in the Court of Civil Judge (Junior Division), Sambalpur and therefore the order of eviction is not executable. The decree holder resisted to that prayer.

(3.) WHILE pressing this revision as against the impugned order, the following two points was pressed into service; viz: