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Section 18: Execution of orders

Haryana Urban (Control of Rent and Eviction) Act, 1973 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Section 17 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 19

Legal Commentary & Landmark Judgments: Section 18

Section 18 establishes the statutory mechanism for the execution of orders passed under the Act, declaring that orders of the Rent Controller and Appellate Authority are executable by the Civil Court as civil court decrees and defining jurisdictional valuation.

  • Transmission and Execution as Civil Court Decrees: Directs that every final order made under Section 13, Section 13-A, or other provisions of the Act shall be executed by a Civil Court having local jurisdiction as if it were a decree or order of that Civil Court.
  • Applicability of Order XXI CPC Powers: Clothes the executing civil court with all execution powers under Order XXI of the CPC, including issuance of warrants of possession, appointment of bailiffs, police assistance, and adjudication of third-party obstruction.
  • Statutory Jurisdictional Valuation Formula: Prescribes in the Explanation that for the purpose of determining appellate forums in execution proceedings, jurisdictional value is calculated as one year's rent preceding the date of the order sought to be executed.
Key Landmark Precedents:
  • Babu Lal v. Hazari Lal Kishori Lal, (1982) 1 SCC 525: Held that an executing court executing an eviction order as a civil court decree possesses all ancillary powers under Order XXI of the CPC, including removal of third-party resistance and delivery of actual physical possession.
  • Rakesh Wadhawan v. Jagdamba Industrial Corpn., (2002) 5 SCC 440: Held that eviction orders passed under rent control statutes must be enforced through the statutory execution mechanism, preserving the integrity of judicial determinations and preventing recalcitrant judgment-debtors from frustrating decrees.
  • Ram Phal v. State of Haryana, 2008 (1) RCR (Rent) 314 (P&H): Held that under Section 18, the Rent Controller's order is transmitted to the Civil Court for execution as a civil decree; the Executing Court cannot go behind the decree or reopen findings on merits.
  • Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd., (2005) 1 SCC 705: Established that during the pendency of execution or appellate stay of an eviction decree, the appellate/revisional court has power to put the tenant on terms, including payment of mesne profits at market rates.
Courtroom Practice & Strategic Litigation Guidance:

Upon obtaining an eviction order, apply immediately for transmission of the order to the Civil Court having territorial jurisdiction under Section 18. File an execution petition under Order XXI Rule 11 CPC accompanied by a certified copy of the eviction order. If resistance is anticipated, file an application under Order XXI Rule 97/98 CPC read with Section 151 for police assistance and deployment of a revenue field officer or bailiff to break open locks and secure vacant physical possession.

Section 17 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 19