GANGABAI GOPALDAS MOHATA Vs. FULCHAND

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is by a decree-holder whose efforts to execute the decree have now been stalled at the instance of a third party who claims to be the transferee of the interest of the decree holder in the decree "by operation of law". The application filed by the said third party who is (first respondent herein) purportedly under Order 21, Rule 16 of the Code of Civi1 Procedure (for short "the Code") though repelled by the execution Court was allowed by the High Court as per the order challenged in this appeal.

(3.) More facts:Appellant Gangabai leased out a portion of her land (in Nazul plot No. 2, sheet No. 15/B of Murtizapur Municipality) to one Ram Pratap Agrawal (predecessor of respondents Nos. 2 to 5). A civil suit was filed by the appellant in 1970 for recovery of possession of the land from the lessee. That suit was decreed by the trial Court and in appeal filed by respondent Nos. 2 to 5 the suit was compromised pursuant to which a compromise decree was passed. As per the terms of the compromise decree the judgment-debtors (respondents Nos. 2 to 5) were to vacate the premises by 31-12-1990. As they failed to vacate within the said time limit the appellant took out execution proceedings.