JAGDISH CHAND Vs. KHEM CHAND

JUDGEMENT

(1.) This revision has been preferred by the judgment debtor against order dated 15.9.2009 passed by Addl. Civil Judge (Senior Division), Karnal, being aggrieved only against part of the order whereby executing Court made the following observations:

(2.) A brief background of the case is that respondent No. 1 is a tenant in a shop situated at Purani Anaj Mandi Gharaunda, and is dealing in the business of cycles under the name and style of 'M/s Sharma Cycle Works'. The landlord/petitioner has-been filing one petition after the other for his eviction and in that process threatened to open a hole in the roof of the shop leading to the filing of a Civil Suit No. 1003 of 1996 (Khem Chand v. Smt. Mishri Devi and Ors.) for permanent injunction, decreed on 08.1.1998, in which it was recorded that "it is ordered that the suit succeeds and the same is decreed as prayed for. Hence, a decree for permanent injunction is passed in favour of the plaintiff and against the defendants and the defendants are restrained from interfering into, making any holes, pulling down thereof the roof of the shop in question or throwing dirty water through the hole of the roof or dispossessing the plaintiff from the shop in question except in due course of law".

(3.) Respondent No. 1/decree holder filed an execution application under Order 21 Rule 32 read with Section 151 of Code of Civil Procedure, 1908 (for short, 'CPC') on the ground that despite a decree for permanent injunction , they are falling, making holes in his roof and are throwing dirty water from said holes.