ANAND PARKASH MALIK Vs. BHAGWAN DASS

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree of the first Appellate Court affirming on appeal those of the trial judge except under issue No. 1 where it held that it will be for the executing court to determine the question of executability of the decree passed by the trial Judge. The facts :

(2.) THE respondent/plaintiff filed a suit for eviction of the defendant/appellant from shop No. 652/W-3 situate at Panipat and also for recovery of Rs. 330/- as compensation for use and occupation from January 14, 1976 to March 13, 1976, besides a sum of Rs. 134.06 as house tax and Rs. 15.94 as notice expenses. Bhagwant Singh was initially the tenant on the shop in dispute. He vacated the same in September 1968 and handed over its possession to the plaintiff. The plaintiff reconstructed the shop after obtaining requisite permission from the Municipal Committee, Panipat and gave it on rent to the defendant. The provisions of Haryana Act No. 11 of 1973 were not attracted.

(3.) FROM the pleadings of the parties, the following issues were framed :-