NOORDUDDIN Vs. K L ANAND

JUDGEMENT

(1.) ORDER

(2.) LEAVE granted.

(3.) THEREFORE, now in execution, the respondent sought to take possession of the properties in Khasra Sakni Nos. 13 and 14. Resisting the execution and delivery of possession, the appellant made an application under Order 21, Rules 97 and 98 read with Section 151 of CPC contending that his father and members of his family had not migrated to Pakistan though the Custodian had declared certain ancestral properties to be evacuee properties of Munshi and Banda which were later sold to the respondent under Khasra Sakni Nos. 13 and 14; Dr. Anand has obtained collusive decree against others, the land was not demarcated; the land bears Khasra No.179 and in accordance with the Chijra Akshi, it is in his possession as an owner by virtue of his share in the ancestral property separated by the competent authority which never vested in the custodian nor it is sold to the respondent.