ABDUL MAJEED Vs. PEERCHAND

JUDGEMENT

(1.) THIS is a decree-holder's execution second appeal.

(2.) ABDUL Majeed appellant obtained a decree for arrears of rent in respect of a shop against Peerchand and Pokarchand on 28-2-55. Arrears of rent were decreed at the rate of Rs. 30/- per month and future rent was also decreed at the same rate. The judgment-debtors were in actual possession of the shop up to 24-8-58. The present execution application was filed on 26-8-50. It was resisted by the judgment-debtors on the ground that on 30-9-58 five eighths of the shop was declared to be evacuee property with effect from 15-8-47. The objection was upheld by the courts below and the execution application was dismissed.