Judgment

KAPUR, J. : This appeal has little substance and must, therefore, be dismissed. The appellants are the decree-holders and the respondent is the judgments-debtor. On February 3, 1941, by a registered deed the father of the appellants leased to the respondent the house in dispute for a period of 10 years with an option of renewal for further periods for as long as the respondent wanted. This house was used by the respondent for his hotel.

2. The father died on January 25, 1945. On December 21, 1945, the appellants filed a suit for a declaration that the deed of lease of February 3, 1941, executed by their father was not for legal necessity or for the benefit of the family, that the alienation was not binding on them and the option of renewal under the lease was void and unenforceable on account of uncertainty. The appellants further prayed for delivery of possession and for a decree for a sum of Rs. 2.655/- as past mesne profits and future mesne profits at Rs. 250/- per mesne as from December 1, 1945. The respondent filed his written statement on March 11, 1946, and an additional written statement on November 26, 1946 whereby he raised an objection to the jurisdiction of the Court by reason of the Mysore House Rent Control Order of 1945. The trial Judge upheld the preliminary objection and dismissed the suit. On appeal, the High Court set aside the decree on the ground that the nature and scope of the suit had been misconceived by the trial Court and that it was not based on relationship of landlord and tenant and therefore S. 8(1) of the Mysore House Rent Control Order was inapplicable and the case was remanded for retrial.

3. On August 23, 1948, the suit was decreed,. The trial Court held that the lease was binding for the first period of ten years as from May 1, 1941, as it was supported by legal necessity; but the option of renewal was void and unenforceable for uncertainty and therefore a decree for possession was passed to be operative on the expiry of ten years, i.e., May 1, 1951. On appeal the High Court confirmed that decree on august 22, 1950

4. On July 9, 1951, the appellants took out execution of the decree and on July 22, 1951, possession was delivered to them. The order for delivery was made without notice to & in the absence of the respondent. The proceedings, "spot Mahazar" that the respondent came to the spot after delivery of the major portion of the property in dispute had been delivered to the appellants.

5. On August 13, 1951, the respondent made an application in the Executing Court, the District Judge, under Ss. 47, 144 and 151 of the Code of Civil Procedure for setting aside the ex parte order of delivery and for redelivery of possession of the house to him and in the alternative for an order to the appellants to give facilities to him (respondent) to remove the various moveables and articles mentioned in the petition. The appellants pleaded that the application was not maintainable. The District Judge on November 14, 1951, upheld this contention and dismissed the application. An appeal was taken to the High Court and it reversed the order of the Executing Court and directed the appellants to return possession of the house in dispute to the respondent along with the moveable which were in the house at the time the respondent was evicted. The High Court held that the Executing Court had no jurisdiction to order the eviction of the respondent because of the provisions of Mysore House Rent and Accommodation Control Order. 1948, which was in operation on the date of eviction. The High Court having refused to give a certificate under Art. 133 the appellants obtained special leave to appeal from this Court on January 12, 1955, and this is how the matter has come to this Court.

6. The question for decision mainly turns upon the applicability of the provisions of the two House Rent Control Orders of 1945 and 1948 and how far they were applicable to the proceedings in the suit and execution. The Mysore House R