AVINASH SHARMA Vs. VIMLA RANI

JUDGEMENT

(1.) Original Suit No.458 of 2003 was filed by the predecessor of respondent nos.1 to 9 for eviction and for possession against Sarbati Devi. During the pendency of the suit the defendant died and was substituted by a legal representative Om Prakash. In this suit, one of the issues framed was whether the plaintiff was the owner of the land in question or not? The suit was decreed on 27th May, 2008. The trial court held that the plaintiff was the owner and was entitled to get possession. The decree was put in execution being Execution Case No.1 of 2008 and, during its pendency, the plaintiff died and the present respondent nos.1 to 9 were substituted as the heirs. The judgment debtor Om Prakash filed objections under Section 47 of the Code of Civil Procedure on 15th February, 2010. By an order dated 25th July, 2012 the Executing Court rejected the objections of Om Prakash, against which the judgment debtor has filed an appeal, which is pending consideration.

(2.) It is relevant to state hear that Sarbati Devi in her written statement has consistently held that the plaintiff was not the owner of land in question and that the Nagar Palika was the owner. This contention was repelled by the trial court.

(3.) After the rejection of the objection of the judgment debtor the matter takes a new turn. The present petitioner comes into the picture.