VIJAY BAHADUR Vs. GIRWAR DAS GUJRATI

JUDGEMENT

(1.) Heard Shri M.A.Qadeer, learned senior counsel assisted by Shri S.K. Mehrotra and Shri M.H. Qadeer, learned counsel for the appellant and Shri Kshtij Shailendra, learned counsel who has appeared for contesting respondent through Caveat at the admission stage.

(2.) Respondent no.1, Girwar Das Gujrati (G.D.Gujrati) filed a suit for specific performance of an agreement for sale executed in the year 1969 by Jaggan Nath and for possession. The defendants in the suit were Babu Ram Chauhan (respondent no.2 in this second appeal), Ram Chandra and Subodh Chandra son of Ram Chandra, respondent no.3 in this Second Appeal. Ram Chandra appears to have died. Babu Ram was legal representative of Jaggan Nath. In the suit it was claimed that Babu Ram was legal representative of Jaggan Nath, however, Ram Chandra and his son Subodh Chandra were also claiming to be descendants of Jaggan Nath hence they were being impleaded as defendants.

(3.) The suit for specific performance and for possession was decreed. First Appeal was dismissed. Second appeal was dismissed and Special Leave Petition was also dismissed by the Supreme Court. Thereafter appellant Vijay Bahadur who was not party in the suit filed application under Section 151 C.P.C. which was threatened to be under Order 21 Rule 97 to 102 C.P.C. claiming that he was in possession of the property in dispute in his independent right and he was wrongly being treated to be dis-possessed in execution of the decree of Original Suit no.157 fo 1973. The application was registered as Misc. Case No.2 of 1995 and was rejected on 2.3.2009 by Additional Civil Judge, (Senior Division)/JSCC, Moradabad. The said order amounted to decree hence Civil Appeal No. 91 of 2011 was filed against the same which was dismissed on 26.11.2011 by Additional District Judge, Court No.11, Moradabad hence this Second Appeal.