GURCHARAN SINGH Vs. GURUDWARA SHRI SINGH SABHA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (for brevity 'the Code') prays for setting aside order dated 23-2-2004 passed by the Civil Judge (Jr. Division), Chandigarh in Execution Application No. 98 of 13-8-2003. The executing Court has directed that in order to execute the decree for mandatory injunction where direction for vacating the demised premises has been issued, the issuance of warrant of possession would be appropriate course. The decree dated 4-8-2003 passed by the Civil Judge (Jr. Division), Chandigarh is sought to be executed by the DH-respondent.

(2.) It is pertinent to mention that the defendant respondent filed Civil Suit No. 23 dated 16-8-2003 for mandatory injunction directing the respondents (JD petitioner herein) to vacate and handover the vacant possession of Room No. 7 (two rooms set) situated at Serai attached to the Gurudwara and for the recovery of Rs. 84,200/- as liquidated damages w.e.f. 15-6-1999 to 15-8-2000 @ Rs. 6000/- per month for the unauthorised use and occupation of Room No. 7 and for future damages @ Rs. 6000/- per month from the date of filing of the suit till the final realisation.

(3.) The JD-petitioners were licencee and were allowed to live in the accommodation provided by DH-respondent because they were working as Sewadars. Later their services were terminated and license to stay in the two rooms set had also come to an end. The JD-petitioners have admittedly filed suit against their termination which has been dismissed. They have filed an appeal before the learned Additional District Judge which is pending but no interim order has been granted. The suit filed by the DH-respondent has been decreed. The decree dated 4-8-2003 passed by the Civil Judge (Junior Division) Chandigarh which is sought to be executed reads as under :