Prem Chand Pandit, J.

1. Shrimati Kamla Devi and others, petitioners, made an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, against Shri Vishnu Flour, Dal and Oil Mills, Ludhiana, respondent No. 2 and their proprietor Shri Kainthli Ram, respondent No. 3 for their eviction from the shop in dispute situated in Ludhiana. In May 1967 this application was granted and an order of eviction was passed against both the respondents. During the course of the execution proceedings regarding this eviction order, Surinder Kumar, respondent No. 1, made an application under Order 21, Rules 97, 89 and 99 Civil Procedure Code, alleging that the ejectment order could not be executed against him. He claimed himself to be in possession of the suit property as a co-sharer of the same. It was further pleaded by him that a suit for partition between the parties was pending before a Subordinate Judge at Ludhiana. As he was in possession of the shop in question in his own right, he was not liable to eviction in execution of the order obtained by the petitioners against respondents Nos. 2 and 3.

2. This application was contested by the decree-holders, mainly on the