MADAN LAL AND OTHERS Vs. PIARA LAL MALHOTRA

JUDGEMENT

(1.) THIS execution second appeal has been filed against the judgment of the District Judge, Patiala, dated October 18, 1974, by the objectors.

(2.) BRIEFLY , the facts of the present case are that Piara Lal was the owner of the property in dispute and Lachhman Dass was tenant under him. He filed an application for ejectment against the tenant. The application was allowed and eviction order of Lachhman Dass from the premises in dispute was passed by the Kent Controller. Piara Lal filed execution application against Lachhman Dass but he remained unsuccessful. After sometime, Lachhman Dass died. Piara Lal, after his death, filed an execution application against the respondents who are sons, daughters and widow of Lachhman Dass deceased. They filed objections against the execution to the effect that Lachhman Dass was a statutory tenant, that the tenancy ended with his death and therefore, the order of eviction pissed against him could not be executed against the objectors. The objection petition was opposed by Piara Lal respondent. The trial Court accepted the objection petition and dismissed the execution application Piara Lal went up in appeal against the order of the executing Court to the District Judge, Patiala, who reversed the judgment of the trial Court and accepted the appeal. Consequently, he dismissed the objection petition. Some of the objectors have come up in second appeal, to this Court.

(3.) I have hared the Learned Counsel for the parties at a considerable length. In order to determine this question, it will be necessary to refer to section 17 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), which relates to execution of orders passed by the authorities under the Act. It says that every order made under section 10, or section 13, and every order passed on appeal under section 15 shall be executed by a civil Court having jurisdiction in the area as if it were a decree of that Court. It is not disputed that an order of ejectment has been passed in favour of Piara Lal against Lachhman Dass. A reading of the said section shows that this order is to be executed by the civil Court as a decree. In the said circumstance, the provisions of Code of Civil Procedure (hereinafter referred to as the Code) shall be applicable for execution of the orders passed under the Act.