NANU RAM Vs. JAGDISH PERSHAD

JUDGEMENT

(1.) The petitioner through the present petition has taken exception to an order dated September 3,1994 passed by the learned Civil Judge, Delhi whereby he disposed of the two applications under Section 47 & Section 144 of the Code of Civil Procedure moved in Execution Case No. 4/94, by Ms. Manjula and Shri Tarun Kumar, respondents herein. Both the applications were allowed and the judgment and decree dated September 19,1989 were set aside and the petitioner was directed to restore the possession over a part of the premises bearing No. 494-501, 514, Ward No. 7, Lahori Gate, Delhi to the respondents.

(2.) The petitioner also preferred an appeal against the said order insofar as the said order related to the restoration of possession before the learned District Judge being MCA No. 13/94. Since the present revision petition and the abovesaid appeal arose out of one and the same order ( hereinafter referred to as the impugned order) both are being disposed of together vide the present order.

(3.) Brief facts which gave rise to the present cases are being narrated below in order to facilitate the disposal and for appreciation of the points involved herein. The plaintiff / petitioner Shri Nanu Ram alongwith others ( herein-after referred to as the petitioner) filed a suit for recovery of possession, being Suit No. 291/76, against certain persons/defendants, including one Shri Banarsi Dass. The said Banarsi Dass died during the pendency of the suit, whereupon an application was moved to bring his legal heirs on record. The said application was allowed and hilegal heirs were duly substituted, including his wife Smt. Angoori Devi and two of his minor children, namely, Shri Tarun Kumar and Ms. Manjula Rani. Shri Tarun Kumar was a minor at that time. Similarly, Ms. Manjula Rani was also a minor on the date when her name was substituted as one of the legal heirs of late Shri Banarsi Dass. However, both of them were shown as majors. They were served. Neither Ms. Manjula Rani nor Shri Tarun Kumar put in contest. Later on, Smt. Angoori Devi applied for setting aside the ex parte order which was set aside vide order dated April 20,1979. She thereafter resisted the claim of the petitioner. Subsequently, the abovesaid suit was consolidated with the other two suits i.e. Suit Nos. 717/85 & 718/85, and the same were disposed of vide judgment and decree dated September 19,1989.