RAM GOPAL SAWHNEY Vs. SURAJ BALRAM SAWHNEY

JUDGEMENT

(1.) These are three sets of objections under Order 21 Rules 36 and 96 to 101 of the Code of Civil Procedure moved by three different objectors, who claim themselves to be tenants in separate portions of property bearing No. 5, Netaji Subhash Marg, New Delhi.

(2.) The decree in the present case is based upon an award given by Shri P.N. Khanna, a retired Judge of this Court, who had acted as sole arbitrator between the family members of late Shri Suraj Balram Sawhney, for adjudicating disputes and differences inter-se them with regard to their joint properties, and effecting their partition. Suraj Balram had left behind two sons, namely, Krishan Gopal Sawhney and Ram Gopal Sawhney, and his widow Smt. Ram Piari Sawhney. The award dated 22-5-1978 was later made a rule of the Court on 14-3-1980.

(3.) The present execution concerns property No. 5, Netaji Subhash Marg, New Delhi, which admittedly has fallen to the share of Krishan Gopal Sawhney. It is be an decree-holder of this property, who is seeking its possession. Initially he had sought actual possession of the second floor of this property in terms of the award which required him to pay Rs. 10,000.00 to Ram Gopal Sawhney, the judgment-debtor. The amount was paid, and delivery of possession of that floor has also been obtained. This followed the rejection of certain objections of a third party who claimed to be a tenant therein. On the ground floor of this property, the Indian Overseas Bank is the tenant from long, and symbolic possession thereof was given to Krishan Gopal Sawhney.