MOTI RAM DHOBI Vs. LAJPAT RAI

JUDGEMENT

(1.) THIS petition is directed against the order of the executing court dated 9th April, 1981, whereby the objections filed on behalf of the petitioner Moti Ram who had stood surety for the tenant Girdhari Lal was dismissed.

(2.) LAJPAT Rai, landlord decree holder, filed ejectment application which was allowed by the Rent Controller. In appeal filed by the tenant stay was granted subject to security for payment of arrears of rent amounting to Rs. 2075/-. The petitioner Moti Ram stood surety for payment of the said amount on behalf of the tenant. Ultimately, the appeal filed by the tenant was dismissed. In execution, the landlord-decree holder sought recovery of the arrears of rent amounting to Rs. 2075/- from Moti Ram, petitioner, being the surety. Objections were filed thereto that no such recovery could be made from him in execution of the ejectment order. The said objections were dismissed by the executing court.

(3.) AFTER hearing the learned counsel for the parties, I do not find any merit in this petition. Section 17 of the East Punjab Urban Rent Restriction Act reads as under :-