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Civil Petition for Special Leave to Appeal No. 146 of 1975, decided on 21st January, 1976.

(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 5‑12‑1974 in S. A. O. No. 202 of 1967).

‑‑ Ss. 13 & 15‑Ejectment on ground of personal requirement of landlord ordered by District Judge and upheld by High Court -Tenant obtaining declaration of being transferee of a shop other than shop subject to ejectment proceedings, from civil Court, under a consent decree with landlord and stressing that consent decree must be given overriding effect so as to nullify order of his ejectment‑Shop under dispute as well as shop subject of declaration of title both differently described by survey numbers and boundaries‑Held, petitioner can resist his ejectment by satisfying Court that consent decree obtained by heir concerns very premises which was subject‑matter of ejectment proceedings against him‑Held further, executing Court would be competent to fix identity of property subject of ejectment, matter being germane to "execution, discharge or satisfaction of decree" within meaning of S. 47, Civil Procedure Code (V of 1908).

Ch. Khalil‑ur‑Rahman, Advocate for Petitioner.

The respondent landlord is transferee of shop No. 22 (now re‑numbered as shop No. 21) situate in Grain Market in Jhelum City. A P. T. D. was also issued in his favour. The petitioner who is a local is alleged to have occupied the shop as tenant and executed rent note dated 28‑8‑1962 in favour of the respondent. The latter sought the petitioner's ejectment from the shop on the ground of bona fide personal requirement. The petitioner contested the application on a number of grounds. The application was dismissed by the Rent Controller on the ground, inter alia, that it was not proved that the respondent required the shop for bona fide personal use. The learned Rent Controller also took the view that the protection of section 30 of Act 28 of 1958 was also available to the petitioner.

On appeal by respondent the above findings were reversed by the learned District Judge who took the view that the petitioner having entered into possession of the suit premises under the rent note referred to above, after the transfer of the premises in favour of the respondent, section 30 of the Act was unavailing to the respondent. On the main issue in the case, namely, whether the premises were required by the respondent for his bona fide personal use, the learned District Judge also reversed the finding of the Rent Controller and ordered the ejectment of the petitioner. The petitioner's second appeal to the High Court having failed, he now seeks leave to appeal.

There is some confusion as to the exact identity of the suit premises with reference to its survey number. The petitioner, it appears, is also a transferee of shop No. 18 situate in the Grain Market for which he also holds P. T. D. The position taken by the petitioner in the High Court was that on a representation by the respondent that the petitioner was in occupation of shop No. 22, he was duped into executing the rent note in favour of the respondent in respect of shop No. 22 while in fact he had throughout remained in possession of shop No. 18 of which he himself was the transferee and for which he had also secured the P. T. D.

It appears that during the pendency of the appeal in the High Court the petitioner also instituted for a declaration that he is a transferee and lawful owner of shop No. 18 and also sought permanent injunction to restrain the respondent from interfering with his possession of the shop. It also appears that the respondent made a statement. in that suit on 27‑3‑1971 that the petitioner was a transferee of shop bearing No. 18 and confessed judgment in the suit.

Learned counsel for the petitioner being himself on the consent decree in the civil suit stressed that it must be given overriding effect so as to nullify the order of the petitioner's ejectment from the premises in dispute. We regret we cannot agree. The ejectment order is in respect of shop No. 22 (which has now been renumbered as 21). Besides being described by its survey number it was also described by its boundaries. So also the shop in respect of which the petitioner had obtained a declaration of title. That being so, it will be for the executing Court to give effect to the ejectment order against the petitioner. 1t will be open to the petitioner to resist his ejectment if he is able to satisfy the Court that the subsequent consent decree obtained by him concerns the very premises which was subject -matter of the ejectment proceedings against him. The executing Court will be competent to fix the identity of the property with regard to which ejectment was secured by the respondent, the matter being germane to the "execution discharge or satisfaction of the decree" within the meaning of section 47, C. P. C. With the above observation, we dismiss the petition.

Petition dismissed.

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