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1978 DIGILAW 349 (MP)

Ratiram v. Ramgopal

1978-04-15

H.G.MISHRA

body1978
Short Note : 1. In short, the case is that the non-applicant got a decree of eviction under section 12 (1) (a) and 12 (1) (e) of the M P. Accommodation Control Act, 1961 (hereinafter referred to as the Act). He put that decree in execution and the Execution case No. is 96-A/69x74. While the decree was being executed, the applicant submitted an appellation under Order 21, rule 29 C. P. C., and section 151 C. P. C, coupled with section 17 of the Act to the effect that the decree holder got possession of two rooms on 10-5-1977 but after getting the possession, he has given possession of these two rooms to one Dwarka Prasad. This action of his is against section 17 (2) of the Act, and therefore, the applicant is entitled to get the possession back and also the defendant is not entitled to execute his remaining decree. 2. The second submission of his was that he has submitted an application under section 17 (2) of the Act before the Rent Controlling Authority and, therefore, till the disposal of that application this execution may be stayed. Held : Reading these two sections 17 and 45 together, I have no doubt in my mind that to decide the matter under section 17 of the Act, the Rent Controlling Authority only has jurisdiction and the Civil Court's jurisdiction is barred. As such the application in the trial Court; submitted by the judgment-debtor-applicant was misconceived and it was rightly rejected. 3. The learned counsel for the applicant, Shri N. K. Sharma has cited before me two decisions, namely in Varkery Chako v. Mathai Varkery (AIR 1953 Tra. Co. 427) and in Murarilal v. L. Debi Saran ( AIR 1956 All. 555 ). Both the rulings say that the question regarding possession is a question relating to satisfaction discharge of the decree, and, therefore it can be considered by the executing Court. I think, there cannot be any objection to this preposition but that is not the case here. Here the case is whether the executing Court has jurisdiction to decide the matter under section 17 (2) of the Act. AIR 1953 Tra. Co. 427 and AIR 1956 All. 555 distinguished. Revision dismissed.