BHAGABAN DAS Vs. RADHARAMAN DEB

JUDGEMENT

(1.) THIS is 3 Judgment -Debtor 's appeal arising out of an order under Section 47, Code of Civil Procedure.

(2.) THE Respondent filed House Rent Control Case No. 166 of 1968 for eviction of the tenant -Appellant. The House Rent Controller dismissed the application for eviction on 8 -1 -1970. The learned Additional District Magistrate allowed the landlord 's appeal and directed eviction as per his decision dated 3 -6 -1970. The tenant -Appellant challenged the order of eviction by a writ petition in O.J.C. No. 758 of 1970. While dismissing the writ application, this Court extended the date of eviction by six months. Time allowed by this Court expired on 6 -10 -1971. Then the landlord -Respondent filed Execution Case No. 228 of 1971 on 20 -12 -1971 in the Court of the Munsif, First Court, Cuttack for eviction. On 13 -9 -1974 the tenant -Appellant filed an application under Section 47, Code of Civil Procedure challenging the maintainability of the Execution Case. The objections raised under Section 47, Code of Civil Procedure were overruled by the Executing Court. The appeal preferred by the tenant was dismissed by the, learned Additional Subordinate Judge, Cuttack.

(3.) REGARDING the first contention, it appears from the judgment of the Court below that the order of the appellate authority was clearly mentioned in column 4 of the Execution petition which was accompanied by a certified copy of the order of the appellate authority. It also appears that the Respondent prayed for eviction of the Judgment -Debtor on the basis of the order passed by appellate authority. The Controller dismissed the application for eviction and his order was not at executable. The first contention is devoid of any merit.