MOHANLAL Vs. BHAGWAN CHAND

JUDGEMENT

(1.) THIS is an execution second appeal by the judgment-debtor against an order of the executing court directing delivery of possession to the decree-holders-auction-purchasers against him under order 21, rule 95 C. P. C. which was confirmed on appeal by the District Judge, Jodhpur.

(2.) THE judgment-debtor executed a possessory mortgage in favour of the decree-holder on 2-3-54 and took the property on lease on 3-3-54 by executing a rent-note. THE decree-holders instituted a suit for sale on 22-4-58 in which a final decree was passed on 25-11-60. THE mortgaged property was auctioned on 12-1-62 in favour of the decree-holders. THE sale was confirmed and a sale certificate was issued in their favour. THEy then applied for delivery of possession under Order 21, rule 95 C. P. C. THE judgment-debtor filed an objection that he cannot be evicted as he was a tenant of the mortgaged house except on one of the grounds mentioned in sec. 13 of the Rajasthan Premises (Control of Rent & Eviction) Act. This objection was overruled by both the courts below. THE judgment-debtor has filed the present execution second appeal against the order of the appellate court.