PREM KISHORE SINHA Vs. CHANDA DEVI

JUDGEMENT

(1.) THIS petition has been filed for setting aside the order dated 9th April, 2008 passed by the learned District Judge, Allahabad in Civil revision No. 96 of 2008 that had been filej by the respondent No. 1 Chanda devi wife of late Munnu Lal Gupta for setting aside the orders dated 12th march, 2008 and 27th February, 2008 passed by the learned Judge, Small Causes courts, Allahabad in Execution Case No. 15 of 1997.

(2.) THE records of the writ petition indicate that SCC Suit No. 277 of 1997 had been filed by Munnu Lal Gupta against Sri Jagannath Singh and Sri Komal chand who have been arrayed as respondent Nos. 2 and 3 in the present petition for ejectment and recovery of arrears of rent. Relief (A) claimed in the suit is as follows:-

(3.) THE said suit was partly decreed on 28th October, 1978 for arrears of rent but the relief for ejectment was denied. The plaintiff-landlord filed revision which was allowed by the judgment and order dated 11th August, 1980 and the suit was also decreed for ejectment. The plaintiff-landlord then filed execution Case No. 15 of 1997. The possession certificate dated 13th October, 1997 indicates that the possession of some portion was given to the landlord. The report of the Amin dated 4th November, 1997, however, mentions that possession of some portion of House No. 126 occupied by the petitioner could not be given. Subsequently, the judgment debtor moved an application on 12th March, 2008 that the possession of the remaining portion may also be handed over. This application was rejected by the Executing Court by the order dated 12th march, 2008. The decree holder filed a Revision which was allowed by the judgment and order dated 9th April, 2008. The order dated 12th March, 2008 was set aside and a direction was issued to the Executing Court to issue tarwana' to the Court Amin for execution of the remaining portion of the decree.