MANJIT KAUR Vs. JAIN PRAKASH

JUDGEMENT

(1.) Jain Prakash Jain, the respondent herein and others, filed a suit for eviction against Dyali Ram and his son who were the tenants of the premises. The suit was decreed and order of eviction was affirmed by the High Court. In between time, the appellants herein filed a suit for partition claiming share in the premises in dispute. A preliminary decree was passed which was affirmed by the Supreme Court. However, the tenant - Dyali Ram and son- surinder Kumar handed over the possession of the premises to the appellant - Manjit Kaur. Under such circumstances, the respondents put the decree in execution. In the said case, the appellants filed an objection as a third party justifying their possession being the co-sharer of the property. On that objection, an issue was framed by the executing Court. The executing Court answered the issue against the appellant by its order dated 9/12/1987. Against the said order, the respondents filed revision petition before the High Court. The High Court was of the view that the appellents had no right in the suit property unless a final decree was passed in their favour. It is against the said judgment, the appellants are in appeal before us.

(2.) It is not disputed that the final decree has not yet been prepared. Under such a situation the possession of the premises cannot be delivered to the appellants. The appellants would be entitled to possession of the property to the extent of their share when partition takes place by metes and bounds. However, the High Court is not correct in holding that appellants have no right in the suit property. In fact, the appellants are not entitled to justify their possession in the execution case. The High court has correctly directed the appellants to hand over the possession of the premises to the respondents.

(3.) With these observations, the appeal is dismissed. There shall be no order as to costs.