The wider view adopted by the court in enforcing the decree for mandatory injunction, emphasizing the spirit of the law and the explanation added as per the recommendation made by the Law Commission.

1. This petition filed under Article 227 of the Constitution of India read with Sec. 115 of the Code of Civil Procedure, 1908 (for brevity the Code) prays for setting aside order dated 23-2-2004 passed by the Civil Judge (Jr. Division), Chandigarh in Execution Application No. 98 of 13-8-2003. The executing Court has directed that in order to execute the decree for mandatory injunction where direction for vacating the demised premises has been issued, the issuance of warrant of possession would be appropriate course. The decree dated 4-8-2003 passed by the Civil Judge (Jr. Division), Chandigarh is sought to be executed by the DH-respondent.

2. It is pertinent to mention that the defendant respondent filed Civil Suit No. 23 dated 16-8-2003 for mandatory injunction directing the respondents (JD petitioner herein) to vacate and handover the vacant possession of Room No. 7 (two rooms set) situated at Serai attached to the Gurudwara and for the recovery of Rs. 84,200/- as liquidated damages w.e.f. 15-6-1999 to 15-8-2000 @ Rs. 6000/- per month for the unauthorised use and occupation of Room No. 7 and for future damages @ Rs. 6000/- per month from the date of filing of the suit till the final realisation.

3. The JD-petitioners were licencee and were allowed to live in the accommodation provided by DH-respondent because they were working as Sewadars. Later their services were terminated and license to stay in the two rooms set had also come to an end. The JD-petitioners have admittedly filed suit against their termination which has been dismissed. They have filed an appeal before the learned Additional District Judge which is pending but no interim order has been granted. The suit filed by the DH-respondent has been decreed. The decree dated 4-8-2003 passed by the Civil Judge (Junior Division) Chandigarh which is sought to be executed reads as under : "It is ordered that the defendants are directed to vacate the two rooms situated in the Gurudwara within two months from the date of an order. They are further directed to pay damages at the rate of Rs. 1000/- per month from the date of filing of the suit till the vacation of rooms."

4. When the aforementioned decree was sought to be executed by the decree holder respondent, objection was raised by the judgment-debtor petitioner asserting that no warrant of possession could be issued for execution of a decree for mandatory injunction under order 21, Rule 32. The Civil Judge after considering the detailed submissions made by the counsel for the parties and also the various judgments recorded the following order :-

"It is settled law that in case of a licensee if it is terminated the suit for mandatory injunction is maintainable and the suit for possession is not required to be filed. The licensee after termination of the license, looses any kind of right or title or interest over the suit property and in case of execution of decree or mandatory injunction, no purpose is going to be served by sending the JD to Civil imprisonment or for attachment of the property as the sole purpose of the execution of the property as the sole purpose of the execution of decree for mandatory injunction is to force the JDs to do an act which has been directed by the Court to be done and the Court has got ample power under sub-rule (5) to pass an order in addition to or in lieu of the directions to be given to the JD to hand over the vacant possession.

13 Moreover, warrants of possession were earlier issued and ex parte stay was granted and an appeal has been filed against that order. An application for vacation of stay was filed and vide order dated 27-1-2004 the stay has been vacated by the Court of Sh. J. S. Klar, Ld. Addl. District and Sessions Judge, Chandigarh and till date, the JD has not produced any stay order from any Court. xxx xxx xxx xxx

14. Hence, if the warrants of possession are issued the same can be put to further judicial scrutiny and if they are found to be wrong, the execution can