JUDGMENT

Sandeep Sharma, J. (Oral). - By way of instant Civil Revision petition filed under Section 115 of the Code of Civil Procedure, petitioner-judgment debtor (hereinafter, 'JD") has laid challenge to order dated 06.11.2020, passed by learned Rent Controller, Shimla, District Shimla, H.P. whereby, objections filed by Judgment Debtor under Section 47 read with Section 151 of CPC, have been dismissed (Annexure P-8).

2. Precisely, the challenge to aforesaid order passed by executing Court below is on two grounds:-

(i) Since respondent-DH has no valid sanctioned plan in his favour, petitioner-JD, cannot be ordered to be evicted.

(ii) Executing Court below has exceeded its jurisdiction by making observation in the impugned order that contention of JD that she has been held entitled for reentry is of no consequence as right of reentry is available to the JD only after rebuilding and reconstruction of the building.

3. Besides above, learned Senior Counsel representing the J.D., argued that Executing Court in execution proceedings could not have recorded finding that execution petition is maintainable solely on the ground that building in which the premises is housed, has been found unsafe