JAIPUR BEACH SETH GULAB CHAND Vs. RAMGOPAL

JUDGEMENT

(1.) THIS is a second appeal by the decree-holders In execution proceedings.

(2.) THE appellants obtained a decree for ejectment of the respondent on 8th January, 19*5. It was put in execution on 29th May, 1947, when the judgment debtor made an application that the amount of money ordered to be paid in the decree had been paid, and the decree-holders agreed not to dispossess him, and in that behalf a fresh agreement of tenancy had been arrived at between the parties. THE executing court rejected the objection to ejectment. THE judgment-debtor filed an appeal on 16th September, 1947. Shortly thereafter the Jaipur Rent Control Order, 1947, bad come into force on 26th September, 1947, and in respect of the decrees obtained prior to the enforcement of the Order it was provided that the court would stay execution of the decree until the landlord produced a certificate under clause 8 of the Order from the Controller, and that if no certificate was produced within the period fixed or extended the prayer for ejectment would be disallowed, but that such an order would not operate to nullify the decree which would remain executable after the Jaipur Rent Control Order, 1947, had been withdrawn. THE landlords obtained a certificate horn the Rent Controller, but the judgment-debtor filed an appeal to the Collector, and he set aside the order of issuing the certificate on 30th March, 1951. THE learned District Judge thereupon allowed the appeal on 16th April 1951, and ordered that the decree would not be executed in the absence of the Collector's certificate. THE decree-holders have come up in second appeal.