HEERA Vs. UDAIRAM

JUDGEMENT

(1.) THIS is a second appeal by the judgment-debtor Heera in execution proceedings.

(2.) THE facts leading to it are that the respondents No. 1 Udairam and his four sons, respondents No. 2 to 5, filed a suit for preemption in respect of a house, against the appellant and the remaining respondents. THE suit was decreed by the Civil Judge on 31st July, 1950. On 21st January, 1952, the decree-holders presented an application for execution THE appellants resisted it saying that he was residing in the house from 16th June, 1942, as a tenant of Sukha and others,that he had paid the rent up to Basakh Sudi 2, Svt. 2009, that he was protected by sec 13 of the Rajasthan Premises (Control of Rent and Eviction) Act 1950, and that he should not be ejected from the property. THE executing court dismissed this objection. On appeal the learned District Judge also repelled this contention on the ground that the appellant himself was one of the judgment debtors and he could not set up the plea of tenancy. He has, therefore, filed this second appeal.

(3.) THE respondents' learned counsel has asked for permission to appeal under Rule 134 of Rajasthan High Court Rules. In view of the fact that an important point of law is involved, the permission asked for is granted. .