- (1.) The revisionists are defendants in the suit. The suit was filed for ejectment and recovery of arrears of rent. The suit has been decreed. Against the said order, the revisionists filed Civil Revision No. 212 of 2010 before this Court. The contention of the revisionists is that at the time of admission of the aforesaid revision, the statement has been given before this Court that the possession of the property has been handed over to the plaintiff and the only dispute relates to the arrears of rent. On the said statement this Court has stayed the order of the Court below but directed the revisionists to deposit the entire arrears of rent with the Court below within two months. However, it has been observed that in view of the statement given by learned Counsel for the revisionist the decree for eviction is not being stayed. Learned Counsel for the revisionists state that in pursuance of the order of this Court dated 23.4.2010 entire decreetal amount has been deposited in the Court below. Despite the deposit of the amount, the Execution Court is proceeding for the eviction though the possession has already been handed-over. The revisionists have moved an application in this regard which has been rejected by the impugned order. So far as the dispute relating to the arrears of rent is concerned, that is subject-matter of Civil Revision No. 212 of 2010, and the same may be adjudicated.
(2.) So far as eviction is concerned, once the revisionists state that the possession has already been handed-over, there appears to be no justification for the execution of the eviction. In case, if there is any doubt about the handing-over of the possession of the property in dispute, the same can be verified by the Court below. On the facts and circumstances, the writ petition is disposed of with a direction that the revisionists may move an application before the Execution Court stating therein that the possession of the property in dispute has already been handed-over and the Execution Court is directed to verify the fact whether the possession of the property in dispute has actually been handed-over to the plaintiff or not and in case, if the Execution Court arrives to the conclusion that the possession of the property in dispute has already been given to the plaintiff then there is no reason to proceed for the eviction in the execution case.;