RAJESAB Vs. KHAJI HOME INDUSTRIES

JUDGEMENT

(1.) A person, who gets into the property as tenant cannot assume more rights than the landlord and cannot get into competition with a decree holder to contend that the decree holder, whether in the family partition or otherwise, has to yield a particular property, in this case a non-residential premises, of which he was admittedly a tenant under the petitioners-decree holders etc. No tenant, who has suffered a decree for eviction, can put forth a claim in the nature of a competing title to the property in execution proceedings, whether or not such is the possibility elsewhere, and against persons who claim under a decree holder or who can claim an interest in the decree itself.

(2.) Such is the objections filed by the respondents herein, who are judgment debtors having suffered an eviction order on 15-11-1985 in HRC No. 37 of 1983 and a further revision in RR No. 13 of 1986 having been dismissed on 15-2-1990 by the revisional Court and the eviction order having become final and by taking up such objections to resist the decree in Ex Case No. 27 of 2002, on the file of II Addsl. Civil Judge (Jr. Dn.) & JMFC III Court, Hubli.

(3.) It is because of the learned judge of the executing Court has permitted such objections to be raised on behalf of the judgment debtors and claiming that it is supported by an application filed by a non-party to the proceedings, the sister who had claimed that the subject property had fallen to her share in some other proceedings between herself and decree holders, the executing Court having dismissed the execution case, the present revision petition by the decree holders.