RAMLAL GANPATLAL Vs. RAMCHANDRA SHAMRAOTLT

JUDGEMENT

(1.) THE appellant Ramlal, an occupancy tenant, obtained a decree for Rs. 117-15-0 on account of arrears of rent against Ramchandra, the respondent, a sub-tenant, on 3rd February 1929, in Civil Suit No. 282 of 1926. The decree-holder Ramlal filed an execution application on 11th February 1927 and applied for being put in possession of the holding. He was put in possession on 8th March 1927. The judgment-debtor filed an application on 26th March 1927 purporting to be Under Section 151, Civil P.C., and prayed: that the warrant of attachment and other orders passed by the Court in respect of the fields be annulled and the execution proceedings of the decree-holder be dismissed as fully satisfied.

(2.) THE learned Subordinate Judge held: that looking to the nature of the decree in the present case, the execution of which, could be effected, by ejectment of the sub-tenant as laid down in Section 39, Tenancy Act, there was no irregularity or illegality in the proceedings by which the sub-tenant was ejected from the-fields in question, and therefore rejected the application. The learned Additional District Judge for reasons given in para. 4 of his judgment, held that the sub-tenant was entitled to a notice before ejectment, and that it was necessary to pass a formal order of ejectment before issuing warrant of possession and ordered that the subtenant be restored to possession of the fields, as he had deposited the full decretal amount on 15th March 1927.

(3.) THE order, dated 26th July 1928, is therefore set aside and reversed and the order of the Subordinate Judge is restored. The appeal is allowed with costs. I fix Rs. 10 as pleader's fees in this case.