MURTI DEVI Vs. VTH ADDL DISTRICT JUDGE

JUDGEMENT

(1.) HEARD Shri M.K. Gupta, learned counsel for the petitioners. Shri Ravi Agrawal appeared on behalf of respondents.

(2.) THIS writ petition arises out of an order passed by Civil Judge, Ghaziabad on 20.1.1989 in Misc. Case No. 301 of 1988, Smt. Maya Devi v. Smt. Murti Devi, in which the objections under Section 47 read with Section 151 of Code of Civil Procedure were partly allowed and the decree of ejectment was held not to be executable. By the judgment and order dated 23.11.1990 the Vth Additional District Judge, Ghaziabad, dismissed Civil Revision No. 32 of 1989 under Section 25 of the Provincial Small Causes Court Act read with Section 115 of CPC.

(3.) SMT. Maya Devi in her objections as well as supplementary objection under Section 47/151, C. PC claimed herself to be the owner of the suit property. The executing Court held that she has perfected her rights under Section 14 of the Hindu Succession Act, 1956, and thus until the suit filed by her is decided, she is not liable to be evicted from the premises in dispute.