SHAMA BAJAJ Vs. RAKESH KUMAR GAUR & ORS.

JUDGEMENT

(1.) BY way of this Regular Second Appeal under section 100 CPC challenge has been to the judgment dated 26.5.2012 by which learned Addl. District Judge -01, (North -East), Karkardooma Courts has upheld the judgment dated 8.4.2011 by which the learned Civil Judge has allowed the application filed by objectors i.e., respondents 4 and 5 herein under Order 21 Rule 99 CPC and has set aside the judgment and decree dated 25.1.2008 and directed the decree holder i.e., appellant herein to hand over the vacant possession of the suit property to the objectors i.e., respondent nos. 4 and 5. Factual background of the case is as under: -

(2.) ON 1st February, 2008 and 15.2.2008, respondents 4 and 5 herein i.e., objectors moved applications under Order 1 Rule 10 CPC and Order 21 Rule 99 CPC respectively before the Executing Court praying that they were the owners of the suit property and had purchased the suit property by registered sale deed and they be put back in possession of the same. On the objections filed, the Executing Court framed the following issues: -

(3.) TO prove their case, the respondents 4 and 5/objectors had led their evidence. Respondent no.4 had examined himself as OW1. He had produced Shri P.R. Narshima Prasad, Senior Manager, Syndicate Bank as OW2, Shri Vijay Kumar Rawat, official from Sub Registrar IV as OW3 and Shri Saji Chacko, a neighbour as OW4.