SAPNA DEVI Vs. ANGOORI DEVI

JUDGEMENT

(1.) No one appears for the appellant, and who is/was the objector, objecting to execution of the judgment and decree for possession dated 10.9.2012. No one appeared for the appellant/objector even on the last date of hearing.

(2.) The appellant/objector filed objections to a judgment and decree dated 10.9.2012 obtained by late Smt.Angoori Devi, who is now represented by her legal heirs and who are respondents herein.

(3.) Only that person can object to the execution of a judgment and decree for possession who has an independent title to the suit property. The objections however showed that the appellant/objector claimed to be a tenant from the judgment debtor in terms of a rent agreement dated 21.12.2012, which was in fact entered into after passing of the judgment and decree dated 10.9.2012. Clearly, therefore, the appellant/objector had no independent title to the suit premises because decree holder had/has the protection of Section 52 of the Transfer of Property Act, 1882 viz doctrine of lis pendens.