RAMRAJ Vs. NARAINDAS

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the Munsif, Merta City dated April 12, 1989 by which he rejected the objection-petition filed under Section 47, C. P. C. of the judgment-debtor-petitioner. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) CIVIL Suit No. 362/74 was filed by the non-petitioners against the petitioner for his ejectment on the grounds of default in payment of rent and reasonable bonafide necessity. It was seriously contested by the petitioner. During the pendency of the suit, the premises were damaged by fire. The plaintiff-non-petitioners got their plaint amended too in corporate the plea that the suit premises are required by them in order to carry out building work as it has become unsafe and unfit for human habitation. This was also emphatically denied by the defendant-petitioner. After recording the evidence of the parties, the trial court dismissed the suit by its judgment dated January 20, 1981. The plaintiffs preferred an appeal against this judgment and it was dismissed by the civil Judge, Merta on 19. 2. 85. Thereafter, second Appeal No. 111/85 was preferred in this Court by the plaintiffs and it was allowed by judgment dated February 24, 1988 and the suit was decreed for the eviction of the defendant-petitioner on the ground mentioned in Section 13 (1) (k) of the Rajasthan premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as 'the Act' ). The plaintiff-non-petitioners filed execution application before the Munsif, Merta. The judgment-debtor-petitioner filed an objection-petition under Sec. 47, C. P. C. to the effect that under Sec. 22 (2) of the Act, no second appeal lay against the judgment of the CIVIL Judge, Merta and, therefore, the decree for eviction passed by this Court on 24. 2. 88 is a nulity and is not executable. The ' decree-holdere-non-petitioners filed their reply seriously opposing the objection-petition. After hearing the parties, the learned Munsif, Merta dismissed the objection-petition by his order dated April 12, 1989 which has been challenged in this revision petition.

(3.) CONSEQUENTLY, the revision petition is dismissed summarily. .