JAGAT NARAYAN, J. - (1.) THIS is a decree-holder's execution second appeal.
(2.) ABDUL Majeed appellant obtained a decree for arrears of rent in respect of a shop against Peerchand and Pokarchand on 28-2-55. Arrears of rent were decreed at the rate of Rs. 30/- per month and future rent was also decreed at the same rate. The judgment-debtors were in actual possession of the shop up to 24-8-58. The present execution application was filed on 26-8-50. It was resisted by the judgment-debtors on the ground that on 30-9-58 five eighths of the shop was declared to be evacuee property with effect from 15-8-47. The objection was upheld by the courts below and the execution application was dismissed. On behalf of the appellant it is contended that the executing court could not go behind the decree and that sec. 17 of the Administration of Evacuee Property Act is not applicable to the case. Having heard the learned counsel for the parties I am satisfied that the contentions raised on behalf of the appellant are correct. Sec. 17 of the Administration of Evacuee Property Act runs as follows: - "sec. 17. Exemption of evacuee property from process of court etc.- Save as otherwise expressly provided in this Act, no evacuee property which has vested or is deemed to have vested in the Custodian under the provisions of this Act shall, so long as it remains so vested, be liable to be proceeded against in any manner whatsoever in execution of any decree, or order of any court or other authority, and any attachment or injunction or order for the appointment of a receiver in respect of any such properly subsisting on the commencement of the Administration of Evacuee Property (Amendment) Act, 1951, shall cease to have effect on such commencement and shall be deemed to be void. (2) Where, after the 1st day of March, 1947, any evacuee property which has vested in the Custodian or is deemed to have vested in the Custodian under the provisions of this Act has been sold in execution of any decree or order of any court or other authority, the sale shall be set aside if an application in that behalf has been made by the Custodian to such court or authority on or before the 17th day of October, 1950. " The decree-holder is not trying to proceed against what was declared to be evacuee property on 30-9-58. He has only tried to execute the present decree for arrears of rent obtained by him against the judgment-debtors. The executing court cannot no behind that decree. It is true that as the interest of the evacuee was more than half, the Custodian was entitled to administer the property. It is also true that since 15-8-47 five-eighths share in the shop vested in the Custodian and was not the property of Abdul Majeed. Despite that Abdul Majeed is entitled to execute his decree because the executing court cannot go behind that decree and there is no provision in the Administration of Evacuee Property Act which disentitles him from executing it. I accordingly allow the appeal, and dismiss the objection of judgment-debtors. The cast is remanded to the executing court for proceeding further in accordance with law. The appellant is entitled to recover costs throughout, of these proceedings, from the judgment debtors. Leave to file special appeal is prayed for but is declined. . ;