ASHAN DEVI Vs. PHULWASI DEVI

JUDGEMENT

(1.) This appeal and the connected special leave petition arise out of the same execution proceedings and the impugned order dated 23.4.2001 passed by the High Court of Patna.

(2.) The principle question involved is whether a purchaser of a vacant land under registered Sale Deed and claiming to be in possession of the land can maintain an application under Order 21 Rule 97 of the Code of Civil Procedure complaining of his alleged dispossession in execution of the decree of specific performance of contract of sale obtained ex parts by the decree holder against the original owner of the suit property For the sake of easy understanding, the parties shall be described in their status in the executing proceedings as Decree Holder, Judgment Debtor and Objector.

(3.) For the purpose of these appeals, we do not consider it necessary to go into greater details of the proceedings in the suit which resulted in passing of the decree of specific performance of the contract.