DINESH SINGH Vs. NARMADA PRASAD SHARMA

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the order dated 13.7.2013 passed by the learned First Additional District Judge, Damoh in Execution case No.35-A/2003.

(2.) THE facts of the case, in short, are that, decree holder Narmada Prasad had received a decree of specific performance of contract of sale and thereafter, a sale deed was executed in his favour by the Court on behalf of the judgment debtor Mohan Singh for the land bearing survey No.1448/1, having area 650 sq. feet, situated at township Damoh Khas in Revenue Division Damoh-2, District Damoh. An execution was filed for getting possession of the property. During the execution of the decree, the appellant filed an application under order 21 rule 97 of CPC that in plot No.1448, area 1080 sq. feet was of the appellant, whereas the officer of the Court was dispossessing the appellant from his property. It was pleaded that the appellant was residing in the house, situated on the property when his father was alive. On 12.6.2001, on death of his father, the suit property was transferred in the name of the appellant and his brother Jitendra Kumar. Under such circumstances, the appellant cannot be dispossessed from the property. In support of his contention, a receipt of tax received by Municipality, Damoh was submitted and Bhuabhilekh Adhikar Pustika is also shown that land of survey No.1448/1, area 1080 sq. feet was of the appellant.

(3.) AFTER considering the submissions made by the learned counsel for the parties, the learned First Additional District Judge dismissed the objection raised by the appellant and issued a possession warrant.