RAJ MECHANICAL INDUSTRIES, LUDHIANA Vs. RAM SARUP

JUDGEMENT

(1.) This second appeal by the tenant has arisen out of execution proceedings initiated in pursuance of an eviction order.

(2.) Firm Raj Mechanical Industries had tenanted the premises in dispute from Ram Sarup etc. On or about 16th October, 1954, Ram Sarup etc. the respondent landlords applied for eviction of the appellant firm Raj Mechanical Industries on the ground that the premises were required for rebuilding and re-erection. The Rent Controller directed ejectment. The Appellate Authority affirmed the order of the Rent Controller and the petition under Article 227 of the Constitution maintained in this Court challenging the said eviction order was finally dismissed on 10th January, 1957, by the order of G.D. Khosla, J. in Civil Miscellaneous No. 340 of 1956. It was pointedly observed by G.D. Khosla, J. that section 3 of the East Punjab Act XX of 1948 did not stand in the way of the landlord applying for ejectment on the ground that the premises had become unsafe and that he wanted to rebuild the same. The tenant not having put the landlord in possession of the premises as contemplated by the order directing ejectment, the landlord on 18th March, 1957, sued out execution. On the objections raised by the tenant appellant following issues were settled by the executing Court :-

(3.) The executing Court (Senior Subordinate Judge, Ludhiana) after finding on issue Nos. 1 and 2 against and on issue No. 3 in favour of the judgment-debtor concluded that the eviction order was executable and enforced the same by directing warrant of possession to issue. In appeal by the judgment-debtor firm to the District Judge, Ludhiana the challenge was largely directed against the findings on issue No. 1.