LAWS(ALL)-2011-4-270

GURU GRAM UDYOG SAMITI Vs. GOPAL KRISHNA

Decided On April 01, 2011
Guru Gram Udyog Samiti Appellant
V/S
GOPAL KRISHNA Respondents

JUDGEMENT

(1.) The revisionists are defendants in the suit. The suit was filed for ejectment and recovery of arrears of rent. The suit has been decreed. Against the said order, the revisionists filed Civil Revision No. 212 of 2010 before this Court.

(2.) So far as eviction is concerned, once the revisionists state that the possession has already been handed-over, there appears to be no justification for the execution of the eviction. In case, if there is any doubt about the handing-over of the possession of the property in dispute, the same can be verified by the Court below. On the facts and circumstances, the writ petition is disposed of with a direction that the revisionists may move an application before the Execution Court stating therein that the possession of the property in dispute has already been handed-over and the Execution Court is directed to verify the fact whether the possession of the property in dispute has actually been handed-over to the plaintiff or not and in case, if the Execution Court arrives to the conclusion that the possession of the property in dispute has already been given to the plaintiff then there is no reason to proceed for the eviction in the execution case.