Law: Cantonments Rent Restriction Act, 1963

Section: 17

Law: Civil Procedure Code (1908)

Section:  O. XXI, r. 28, 115

(a) Cantonments Rent Restriction Act( Xl of 1963) S. 17-Eviction of tenant-Proceedings adjourned in absentia but petitioner not informed of such date-Rent Controller passing order for proceeding ex parse against petitioner on such date but not passing any order of ejectment on such date nor even at any time afterwards-Respondent landlord filing application in civil Court for execution of order of Rent Controller and petitioner dispossessed of premises in execution of such order-Application for eviction having been filed not with respect to premises in dispute but with respect to another premises, number of case also having been wrongly given, civil Court subsequently ordering restoration of possession to petitioner and directing issuance of notice to respondent, receipt of notice evaded by respondent and roof of balakhana demolished and dismantling of balakhana undertaken-District Judge on being approached in appeal directing restoration of possession to petitioner Order of District Judge having not been challenged further by respondent, such order, held, became final. (b) Civil Procedure Code (V of 1908)  O. XXI, r. 28 read with Cantonment Rent Restriction Act (XI of 1963), S. 17-Eviction of tenant-Execution of decree-Powers of executing Court-House in dispute further dismantled and ceasing to have any existence during period when status quo ordered in favour of petitioner tenant till appear of respondent landlady dismissed ordering maintenance of status quo- ---Executing Court's order appointing a Commissioner to inspect spot and report fitness of house for habitation or otherwise, held, beyond its domain and executing Court bound to implement order for maintenance of status quo and restoration of possession to petitioner irrespective of condition of house.-[Decree]. (c) Cantonments Rent Restriction Act (XI of 1963)  S. 17-Eviction of tenant-Eviction of petitioner sought on ground of premises being required to be used as an office of landlady's son and not on ground of its being in ruinous condition and requiring reconstruction-Application for restoration of possession by petitioner in circumstances, held, could not be rejected by executing…