JUDGMENT :

S.C. Mohapatra, J. - Judgment-debtor is the petitioner in this Civil Revision against the order rejecting his prayer for stay of the execution proceeding in exercise of the power under Order 21, Rule 29, CPC during pendency of the suit seeking the relief to get rid of the effect of the decree.

2. Judgment-debtor was a tenant in respect of a house in Cuttack town. On the application of the decree-holder for evicting the judgment-debtor from the house on the ground of his confide requirement of the same, the House Rent Controller passed the order of eviction which was confirmed in appeal Judgment-debtor has filed Title Suit No. 150 of 1985 for a declaration that the order of eviction passed in the house rent control proceeding under the Orissa House Rent Control Act, 1947 (hereinafter referred to as 'the Act') is without jurisdiction and is a nullity and for a permanent injunction restraining the decree-holder from evicting him from the disputed house under such a void order. The suit is now pending trial.

3. The decree-holder filed Execution Case No. 3 of 1984 in the Court of Munsif, First Court, Cuttack, for evicting the judgment-debtor as provided u/s 15 of the Orissa Hous