KEWAL KRISHAN Vs. MAHESHWAR DATT

JUDGEMENT

(1.) THIS revision petition is directed against the order of the executing Court dated September 28, 1987, whereby on the objection petition filed by the tenant -judgment debtor, a local Commissioner was appointed to make certain points clear so as to facilitate proper execution of the decree passed by this Court.

(2.) EVICTION order passed against the tenant which was maintained upto the High Court. In execution he took the objections that there was no passage except the staircase to the chaubaras in his possession as a tenant under one Ravinder Kumar Khullar and therefore, he could not be ejected from the demised premises That application was contested on behalf of the landlord on the ground that the said Ravinder Kumar Khullar, the other landlord, had agreed with Baldev Raj the transferor in relation to the decree -holder vide written agreement dated September 10, 1973, that he shall have no right whatsoever in the stair case, in question However, the learned executing court thought it proper to appoint a commission in order to find out whether the judgment -debtor could be ejected from the remaining half portion of the house, in his possession as a tenant under Ravinder Kumar Khullar.

(3.) AFTER hearing the learned Counsel for the parties, I find merit in this revision petition.