GURBAX RAI Vs. MAN SINGH

JUDGEMENT

(1.) This is a second appeal against an order passed by the Senior Subodrinate Judge, Delhi, reversing an order of the executing Court by which the executing Court ordered the execution of the decree as it stood.

(2.) A suit was brought on the 17th May 1947 by Man Singh for ejectment against Gurbax Rai on the ground that he required the premises 'bona fide' for his own use. A compromise was entered into between the parties on the 28th October 1948 which resulted in a decree in the following words:

(3.) Execution of this order was sought and the executing Court on the 23rd July 1949 ordered the execution and for the purpose of carrying out its order appointed one Bhola Nath, Advocate, as Commissioner who was to be accompanied by a bailiff to go to the spot and there possession was to be delivered to the parties in accordance with the statements made by the parties. An appeal was taken against this order to the Senior Subordinate Judge who held that as the decree comprised a matter which was not the subject-matter of the suit, only that portion of the decree could be executed which gave to the plaintiff the right to eject the defendant from the room claimed by the plaintiff. It is against this order that a second appeal has been brought to this Court.