G S JOSHI Vs. SUB CHANDER JAIN

JUDGEMENT

(1.) THIS is a rule obtained by G. S. Joshi against order passed by a Subordinate judge of Delhi Mr. Banwari Lal dated 23rd February 1953 vacating an order of stay which he granted in favour of the present petitioner on the 21st of February 1953.

(2.) THE facts of the case are that Shub Chand, one of the present opposite parties, had let the premises situate in Queensway Lane, New Delhi, to the Birla Cotton spinning and Weaving Mills, limited who in turn had let it to the petitioner Joshi who was in possession when a suit was filed by the landlord on the 22nd January 1952 for ejectment. The only defendant in that case was the Birla Cotton Spinning and Weaving Mills, Limited. This suit was tried by Mr. Banwari Lal Subordinate judge, and as there was no appearance by the defendant, the suit was decreed ex parte on the 20th June 1952.

(3.) ON the 5th July 1952 the landlord took out execution and obtained a warrant of ejectment and sought to evict Josht, the present petitioner, who offered resistance, and an application was made under Order 21, Rule 97 of the Code of civil procedure. This petition was allowed and an order for possession was issued on the 21st February 1953. Joshi then applied to the executing Court for time, so that he can file a suit under Rule 103 of Order 21 of the Code of Civil Procedure. This was on Saturday, and he was allowed time till Monday the 23rd February 1953.