ASHOK KUMAR Vs. PARSHOTAM DASS

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of the learned executing court by which the objections raised by him were rejected. A few facts.

(2.) RESPONDENT - Parshotam Dass filed an application for the ejectment of Shri Niranjan Dass. This application was allowed by the Rent Controller, Ambala Cantonment vide order dated August 8, 1988. Having got the order in his favour, the respondent initiated proceedings for execution and eviction of Niranjan Dass. Ashok Kumar the present petitioner filed an objection petition dated April 22,1989. He pleaded that Niranjan Dass was never a tenant in the shop in dispute nor he ever occupied it. He further pleaded that he had been doing the business of karyana goods and selling the vegetables in the shop since 1982. Vide order dated February 15, 1991, Sub Judge 1st Class, Ambala Cantonment dismissed his objection petition. In the meantime, in October, 1988, the petitioner had instituted a suit for permanent injunction which is still pending. In that suit, an interim order was passed that the petitioner shall not be dispossessed except in due course of law.

(3.) THE execution proceedings initiated by the respondent were continuing. The Bailiff reported that the degree could not be executed as the petitioner was objecting to the vacation of the premises. Consequently, Police help was ought. The petitioner again objected. It was inter alia, contended that taking possession through the help of the police is not permissible as the civil court had issued a temporary injunction that the petitioner shall not be evicted except in due course of law. The learned Executing Court having rejected this objection, Ashok Kumar has approached this Court through the present petition.