ARJUN Vs. ZEMPANNA GANGAPPA SAMBANNI

JUDGEMENT

(1.) This is a revision by the obstructor Arjun s/o. Sangappa Gunnapur against the order dated 5-4-82 passed by the Civil Judge, Bijapur, in Ex. Appeal No. 1/81 reversing the order dated 6-4-81 passed by the Munsiff, Bijapur Ex.case No. 57/79.

(2.) The respondents in the present revision obtained an order of eviction under Section 21(1)(j) in HRC 8/73 against the obstruotor's (revision petitioner's) father on 23-3-1977. The revision by the father of the obstructor was dismissed on 17-7-79. The obstructor's father approached this Court with CRP 301/78 and it was also dismissed on 8-1-79. The respondents-landlords thereafter sued out the execution in Ex. Case No. 57/79 against the revision petitioner's father who had suffered an order of eviction in the said case. During the pendency of the execution, the present revision petitioner who is the son of the JDR. against whom the order of eviction was passed, has taken up a contention that he is a tenant directly under the respondents-landlords in respect of the premises in question. He obstructed to the delivery of possession. Hence, respondents landlords filed an application under Order 21, Rule 97 CPC for removing the obstruction.

(3.) The revision petitioner obstructor resisted that petition.