SURENDRA KUMAR JAIN Vs. ATTAR CHAND JAIN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dated 20.12.2001 passed in EA 225/1999 in Ex. No. 69/96.

(2.) Brief facts which are necessary to dispose of this appeal are recapitulated as under :

(3.) Attar Chand Jain, decree holder purchased the property in question in auction. This is not disputed that the possession of the property except Shop No. 615 is with the auction purchaser. Shop No. 615 is stated to be in occupation of Surender Kumar Jain and Devender Kumar Jain. Warrants of possession for delivery of the physical possession of the premises were issued. Objections were filed in which it was stated that the property in dispute had been purchased by late Ram Chand. On the ground floor, the business was started under the name and style of M/s. Kedar Nath Ram Chand. The said business was dissolved on 6.7.1941. Thereafter Ram Chand's two sons Nem Chand and Mod Lal started the partnership business under the name and style of M/s. Nem Chand and Brothers in this shop i.e. 615. According to the objectors, that the property was let out by Ram Chand at the rent of Rs.25/- per month. Business of M/s. Nem Chand and Brothers was subsequently d issolved on 8.7.1956.