RAJ MECHANICAL INDUSTRIES Vs. BHAGWANTI AND ORS.

JUDGEMENT

(1.) THIS is an execution second appeal of the judgment -debtor founded solely on the technical plea that the executing Court had no jurisdiction to entertain the matter in controversy.

(2.) IT was on 13th of May, 1955, that the order, which is now sought to be executed, was passed for eviction of the Appellant, Raj Mechanical Industries, Ludhiana, from the suit premises at the instance of the landlords, Ram Sarup, who is now represented in this appeal by Respondents 1 to 3 as his legal representatives, and Baldev Singh, Respondent No. 4. The application for execution was made to the Senior Subordinate Judge, Ludhiana, sometime in 1957. It may be observed at this stage that under Section 17 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act):

(3.) THE decree -holder then moved an application on 18th March, 1967, for restoration of his previous application. This was done in the Court of Shri Hardyal Singh, which was the successor Court of Shrimati Harminder Kaur. As no action appears to have been taken on this application the decree -holder felt impelled to submit a fresh application on 2nd of May, 1967, for the same purpose. It had transpired that the original file was not traceable. The Court of Shri Hardyal Singh issued warrant of possession against the judgment -debtor Appellant who then filed the objection which is the subject -matter of the present appeal. The point was taken that the Court of Shri Hardyal Singh, which had been abolished and succeeded by the Court of Shri Mewa Singh to whom the proceedings were transferred by the District Judge, Ludhiana, had no jurisdiction. As many as four issues were framed on the pleadings of the parties but the only surviving question for determination is whether the Court of Shri Mewa Singh had jurisdiction to try the execution application, being a successor of the Court of Shrimati Harminder Kaur. Shri Mewa Singh dismissed the objection raised by the judgment -debtor on 15th of January, 1969, and this order having been upheld in appeal by the learned District Judge, Ludhiana, on 24th March, 1969, the judgment -debtor has come again in appeal to this Court.