NANKI DEVI Vs. RAM KISHAN DASS

JUDGEMENT

(1.) I am of the opinion that the learned District Judge was in error in passing an order for delivery of possession of the rebuilt building to the tenant who was in possession before the property was rebuilt.

(2.) NANKI was the original landlord and she applied for ejectment of the tenant on the ground that she wanted the building for rebuilding, and this matter falls within Section 13 (3) (a) (iii), East punjab Urban Rent Restriction Act. A compromise was entered into on 28th November 1949 by which the tenant agreed to vacate the shop on the condition that he 'will be entitled to get it on fair rent from the landlord after she had rebuilt. The shop was rebuilt and the tenant applied for execution of the decree and prayed for possession being given to him.

(3.) THE application for restoration of possession was dismissed by Mr. Augustine, Subordinate judge, on 24th April 1951. On appeal being taken to the District Judge, he held that this decree was executable as a decree of Court, and, therefore, he ordered that possession be" given to the tenant. The landlord has come up in appeal to' this Court.