GIAN CHAND Vs. SATNAM SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the judgment-debtor against the order of the executing court dated 27th February, 1980.

(2.) BRIEFLY , the case of the decree-holders was that they were owners of the property consisting of a shop on the ground floor and rooms on first, second and third floors. They let out the first floor to Gian Chand, tenant judgment-debtor, vide rent note dated 21st February, 1957, at the rate of Rs. 37/- per mensem. Consequently, they filed an application for ejectment against him on various grounds. It was contested by the tenant who pleaded that he was tenant on a monthly rent of Rs. 37/- on first, second and third floors and not on the ground floor. He also denied the other allegations of the petitioner with regard to the ground of ejectment.

(3.) THE decree-holders thereafter started execution of the order of the Rent Controller. Thrice warrants were issued regarding the first floor but the possession could not be delivered as none of the decree-holders was present. Thereafter the execution was consigned to the record room. The decree-holder's filed fresh petition and obtained warrants for first, second and third floors. The judgment-debtor filed objections that the decree-holders, according to the ejectment order, were entitled to the possession of first floor only. The learned executing court came to the conclusion that they were entitled to possession of all the three storeys. The judgment-debtor has come up in revision to this court.