KAZI AKEEL AHMED Vs. IBRAHIM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal under Article 136 of the Constitution of India has been directed against the order dated 24/11 /1992 passed by the High court of Rajasthan, Jaipur bench, dismissing the appellant's Civil Revision Petition No. 720 of 1990, arising out of an order dated 24/8/1990 passed by the executing court (Additional Munsif and Judicial Magistrate No. 2, Jaipur City, Jaipur, in Execution Case No. 24 of 1981.

(3.) The shop in question belonging to the appellant was let out to one Hafiz Abdul Samad. The appellant obtained a decree for possession of the shop in question on 12/7/1971, against Hafiz Abdul Samad, the predecessor-in-interest of Respondent 1 herein. The appellant filed execution of the said decree for possession which was dismissed in default on 4/8/1978. Consequently, the appellant moved another application on 6/5/1981 for execution of the decree with an application for police aid. The executing court by its order dated 15/11/19811 issued warrant of eviction with police help. Respondent 2 Girraj resisted the execution of warrant for possession and made an application before the executing court under Order 21 Rule 97 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as "the Code") claiming himself to be the tenant of the appellant. The executing court directed an enquiry into the said application of Respondent 2. The appellant approached the High court in revision challenging the said order of the executing court directing an enquiry into the application of Objector/respondent 2. The High court by its order dated 26/2/1985 disposed of the revision with the observation that if the person resisting the execution of decree had any right or interest independent of the judgment-debtor he will have a right to obstruct or resist the execution of decree in accordance with the provisions of Order 21 Rule 97 of the Code and in that event an enquiry would be made.