JAIRAJI Vs. FIRM JAGARNATH PRASAD

JUDGEMENT

(1.) THIS is a revision application under Section 115, Civil Procedure Code against the order dated 10-9-1974 passed by the learned Additional District Judge, Gyanpur, Varanasi. 2. Briefly stated the facts giving rise to this application are that firm Jagarnath Prasad Thekedar, opposite party had filed a suit (No. 18 of 1961) for the recovery of money. In that suit attachment before judgment of certain property including a house with Ahata and Parti land bounded as below and situate in Qasba Bhadoi, District Varanasi, was made:

(2.) IN execution of the decree the said house was put to auction on 15-1-1969 and was purchased by the decree-holder. The sale was confirmed on 17-8-1972 and the sale certificate was issued on 7-9-1972. On the same day the decree-holders auction purchasers moved an application under Order XXI, Rule 95, Civil Procedure Code for possession over the said house after removal of locks etc., if any. On 18-9-1972 they gave another application (7-D) praying that police aid may also be provided be cause the judgment- debtors were likely to resist delivery of possession. It may be stated here that Hansraj, Judgment- debtor, had died and the application was moved against his widow Smt. Jaswant Devi, son Prem Kumar, daughters Smt. Krishna Devi, Smt. Sarla Devi, and Smt. Sudarshan Devi. On 28-9-1972 the court passed the following order: "Issue warrant of possession returnable by 28-10-1972."

(3.) ON 4-11-1972 the defendant auction-purchaser gave another application (12-C) under Order XXI, Rule 95, Civil Procedure Code for issuing the parwana for delivery of possession again. This time it was prayed that a Vakil Commissioner be appointed to execute the Parwana and aid of one Sub-Inspector and four police constables be provided. On this application the following order was passed on the same day: