KHUSHI RAM Vs. CHARANJIT KAUR SAHNI

JUDGEMENT

(1.) The defendant no.1 before this Court, namely Smt. Charanjit Kaur Sahni filed a suit against Shri Subhash Rathi and M/s Som Motors for possession of the property bearing number CN-5, 34/22, Bawana Road, Samaipur Badli, Delhi-110 052 on the ground that they were tenants under her and the tenancy had been terminated vide notice dated 28.12.2007. A decree for possession of the aforesaid property was passed by the learned Additional District Judge, Delhi in that suit, on 23.05.2009. The plaintiff before this Court namely Shri Khushi Ram and one Ms. Suman, who is defendant no.3, in this suit filed objections during execution of the aforesaid decree. Shri Khushi Ram claimed to have purchased 800 sq. yards of land situated in property bearing number 34/22 in the Revenue Estate of Village Samaipur near Badli Extension in the year 1979. He alleged that Subhash Rathi, defendant no.2 in this suit, had illegally trespassed upon his property and on his objecting to it, Shri Subhash Rathi vacated the said property. He further alleged that the said property was then let out by him to Ms. Suman, defendant no.3 in the present suit. He alleged also that the decree holder Smt. Charanjit Kaur Sahni was trying to take possession of the said property from Smt. Suman, The objector, accordingly sought recall of the warrants of possession issued by the Executing Court.

(2.) The learned Civil Judge before whom the objections were filed, vide order dated 9.9.2011 held that there was collusion between the objector and the judgment debtors. The objections were dismissed being devoid of any merits.

(3.) Now this suit has been filed by Shri Khushi Ram seeking injunction against his dispossession from the said land measuring 800 sq. yards. He has also sought declaration that the warrants issued in Execution Case No.74/2009 are not executable against his property.