RAM SUKH TRIPATHI Vs. DURGA DEVI

JUDGEMENT

(1.) HEARD Sri B.B Paul, learned counsel for the petitioner and Sri Ashish Kumar Singh, learned counsel appearing for the respondent.

(2.) THE present writ petition has been filed by petitioner for quashing the order dated 24.7.2009 passed by J.S.C.C., Varansi in Misc. Case No. 83 of 2001 and order dated 14.9.2009 passed by Additional District Judge, Court No.9, Varanasi in Revision No.42 of 2007, Annexure No.13 to the writ petition.

(3.) FURTHER while considering the objection, a finding has been recorded that there is no relationship of the landlord and tenant and no document has been submitted that to whom rent was paid by the petitioner. Further a finding has been recorded that from the document, it clearly appears that in case, it is presumed that he is in possession on behalf of Samiti and as the ejectment decree has already been passed against the Samiti, therefore, petitioner having no right independently as a tenant, could withheld the property and has got no right to make an objection in the execution proceeding. Admittedly, petitioner is an un-authorised occupant. Aggrieved by the order dated 27.4.07, a revision has been filed which was also dismissed.