IQBAL HUSSAIN Vs. P BHARATHI BAI

JUDGEMENT

(1.) Heard both sides.

(2.) The third party-petitioner has filed this revision aggrieved by the orderspassed in E.A.No.128/93 in E.P.No.51/92 in O.S,No.699/90 on the file of XI Assistant Judge, City Civil Court, Secunderabad, dated 15th March, 1996 rejecting the petitioner's application filed under Order 21 Rule 97 C.P.C.

(3.) Mr. M.A. Shakoor, the learned Counsel for the petitioner submits that the petitioner was in occupation of the premises bearing Municipal No.11-2-165 and 166 situated in Mylargadda, Secunderabad, in his own right as tenant of the 2nd respondent. Earlier, he had filed a suit in O.S.319/1993 on 12-10-1993 against the respondents on the file of the III Additional Judge, City Civil Court, Secunderabad and obtained orders of 'Status quo' in I.A.No.l868/1993,datedl2-10-1993andhebroughtthe Status(quoorder passed by the learned Judge to the notice of the Court and that he is not bound by the decree which is sought to be executed in respect of the premises on the ground that he is the tenant of the 2nd responent as the property belongs to her and she is the landlady and that he was in possession even prior to the passing of the decree in O.S.No.699/1990, from 1984 onwards and that he has filed the suit for declaration of his tenancy and cancellation of decree in O.S.No.699/1990 as being fraudulant.