SANTOKH SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) ON 30th December, 1974 an order of ejectment was passed by the Rent Controller in favour of Santokh Singh against Amar Singh. On 20th January, 1977 the decree holder took out execution. The judgment -debtor took various objections but he clearly stated that he bad delivered possession of the premises to the decree -holder on 5th June, 1975 in presence of his brothers and the averment of the decree holder that when bailiff went to deliver the possession, the judgment debtor made protest was wrong because question of raising any protest by the judgment -debtor did not arise as he was not in possession of the premises as possession had already been delivered to the decree holder on 5th June, 1975. That execution application was finally dismissed on 22nd January, 1983 on two counts.

(2.) THE judgment -debtor is not present, in spite of the fact that actual date notices have been issued. The report on the summons is that he left the premises 5/6 years ago.

(3.) FOR the reasons recorded above, the order of the Court below is set aside and is substituted by the direction given above. In the result the revision stands allowed with no order as to costs.