BRIJMOHAN Vs. THAKURJI SHRI RANJIT BEHARIJI

JUDGEMENT

(1.) THIS is a second appeal arising out of an execution case.

(2.) A decree was obtained finally from the then Jaipur High Court for ejectment of certain premises which were situated at Nim-ka-Thana. The decree was of the 24th March, 1947. An execution petition was made by the decree-holder on the 7th of April, 194? in the court of the Munsif, Nim-ka-Thana. During the pendency of the execution petition on the 15th of October, 1947, the Jaipur Rent Control Order of 1947 came into force. Sec. 11 (2) of the said Order provided inter alia that if an application for the execution of a decree for ejectment passed in any suit or appeal is pending on the date of the coming into force of the order or is made after the commencement of the Order with the prayer for recovery of possession the court shall stay such suit, appeal or application and require the plaintiff or the decree-holder; the case may be, to produce a certificate under clause 8 from the Controller, and if such certificate is not production within the period fixed for the purpose or within such extended period as the court may from time to time allow, the appeal or application, as the case may be, shall be dismissed, but no order of the dismissal of an application for execution shall operate so as to nullify the decree which shall remain executable after the order is withdrawn.