SYED NAZEER AHMED Vs. B SAIFULLA KHAN

JUDGEMENT

(1.) THIS appeal filed against the order passed in Ex. No. 2324/97 on the file of the XII Addl. Small Causes Judge, Bangalore arising out of NRC No. 866/97 on the file of the Addl. Small Causes Judge, Bangalore.

(2.) THE appellant is the decree-holder obtained an eviction decree under the Rent Control Act against the first respondent in respect of premises No. 47. According to decree, the premises No. 47 measures East to West 70' and North to South 40' situated in Durgamba Temple Street, Kalasipalyam. The boundaries of the property is described as on the East by: Remaining portion of the property bearing No. 47; West by: Remaining portion of the property bearing No. 47; North by: Passage and South by: Thayappa's property. The second respondent contends that premises bearing No. 51 belongs to him with the boundaries on the East by: Property No. 52, Zameer Enterprises; West by: Property No. 47, Syed Zameer Ahmed; North by: Passage and South by: Private Apartment.

(3.) IN the execution case, it is the contention of the second respondent that under the guise of executing the decree of eviction in respect of premises No. 47, the decree holder has illegally obtained possession of premises No. 51 and has after taking possession, the decree holder has demolishes the structures of premises No. 51.