In judicial proceedings involving ejectment under Rent Act, execution orders should be stayed during appeals to prevent serious civil consequences and ensure fair trial.

JUDGMENT :

B.S.Walia, J.

Prayer in the instant petition is for the issuance of directions to the learned Appellate Authority-IX, Jalandhar, to decide appeal bearing CNR No.PBJL01049962022C, CIS No.RA/106/2022, titled as Harminder Pal Singh vs. Palwinder Singh etc., within a stipulated period of time and in the meantime to stay the operation of order Annexure P5 dated 09.11.2022, passed by the learned Rent Controller, Jalandhar.

2. A perusal of order Annexure P5 reveals that ejectment petition filed against the petitioner was allowed vide order dated 09.11.2022 and the petitioner was directed to vacate the demised premises within one month from the date of order. Learned counsel contends that thereafter the petitioner filed appeal, Annexure P6 before the learned District Judge, Jalandhar, on 18.11.2022, in which, notice was issued. Learned counsel contends that the main appeal is listed for final arguments on 14.03.2023 while the execution proceedings are pending before the learned Executing Court for 02.03.2023, but till date no orders have been passed on the application for stay filed by the petitioner by the learned Appellate Authority-IX, Jalandhar.

3. A perusal of Order 21 Rule 26 CPC reveals that the court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment debtor to apply to the court by which the decree was passed, or to any court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto. Order 21 Rule 26 CPC reads as under:-

"26. When court may stay execution.-

(1) The court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment debtor to apply to the court by which the decree was passed, or to any court having appellate jurisdiction in respect of the decree or the execution thereof, for an Order to stay execution, or for any other order relating to the decree or execution which might have been made by such court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto,

(2) Where the property or person of the judgment debtor has been seized under an execution, the court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application.

(3) Power to require security from, or Impose conditions upon, judgment debtor:-Before making an order to stay execution or for the restitution of property or the discharge of the judgment debtor, the court shall require such security from, or impose such conditions upon, the judgment debtor as it thinks fit. "

4. Learned counsel contends that although perusal of zimni order dated 01.12.2022, reveals that the learned Appellate Authority-IX, Jalandhar, while receiving the appeal by entrustment recorded that there were arguable points in the appeal and admitted the same for hearing subject to all just exceptions, yet no order was passed on the application for stay filed along with the appeal and since the appeal is now listed for final hearing on 14.03.2023, therefore, if stay is not granted, great prejudice would be caused to the petitioner, in the eventuality of the appeal being allowed.

5. Learned counsel relies upon the decision of Hon'ble the Supreme Court in Mool Chand Yadav and another vs. Raza Buland Sugar Company Ltd. Rampur and others 1982(3) SCC 484, to contend that the order of the learned Rent Controller directing the petitioner to handover vacant possession of the demised premises entails serious civil consequences and once the appeal has