SURENDRA NATH DUTTA Vs. UPEN CHENDRA DEV

JUDGEMENT

(1.) THIS revision petition is directed against the order dated (sic) passed by the executing court in Title Execution Case (sic) 11 of 1979.

(2.) THE Opposite Party instituted a suit for ejectment in respect (sic)suit premises and for arrears of rent. The suit was decreed. (sic) decree was, obtained as far back as on 17.8.77. There was (sic) appeal by the Petitioner Defendant which was rejected. There (sic). Title Execution Case No. 11 of 1979 was instituted for (sic) the Petitioner from the suit -land and for the recovery (sic) the decretal amount. The decree holder filed an application (sic) that during pendency of the execution proceedings, the (sic) judgment debtor had extended the suit house by constructions an (sic)conditional house within the suit land and prayed for issuance (sic) possessory warrant for delivery of possession of the suit houses (sic) on demolition of the new structure constructed by the Petitioner judgment debtor 'pendente lite'. The Opposite Party exa(sic) two witnesses in support of his case. After the evidence P.W. 1 had been recorded, the Petitioner filed an application (sic) 395 of 1981 questioning the maintainability of the petition(sic) by the decree -holder. However in that petition the judgment (sic) did not specifically deny the allegations made by the decree (sic) that he (the judgment -debtor) had extended the adjacent(sic) within the land of the Petitioner. The relevant findings (sic) executing court are quoted hereinbelow:

(3.) I am of the firm opinion that when a patty to a suit puts up fresh or additional construction 'pendente lite', which of course includes the execution proceedings, the executing courts do Undoubtedly possess power and jurisdiction to order demolition of the structures and deliver vacant possession to the decree holder. This, in substance, is what I find in Order 21 Rule of 35 of the Code of Civil Procedure. In the instant case the Defendant -judgment debtor has put up construction 'pendente lite' i.e. during the course of the execution proceedings, therefore, the court can order demolition of the structure and deliver vacant possession.