KUMARI SAROJ Vs. FIDALI

JUDGEMENT

(1.) THIS revision by the petitioner is directed against an order dated 22.10.1982 passed by the Addl. Judge of the Court of District Judge, Khandwa in Misc. Civil Appeal No. 13 of 1982.

(2.) THE non-applicants/decree holders had filed a civil suit for ejectment etc. against the legal representatives of deceased-tenant Hazarilal Jain. These legal representatives did not include the petitioners who are the daughters of pre-deceased daughter of Hazarilal Jain. That suit for ejectment etc. was decreed in favour of the plaintiffs. The decree-holders filed an execution application to execute that decree. In the execution proceedings the present petitioners raised certain objections and claimed to be in possession. The executing Judge had passed some adverse order against these petitioners and therefore, they went up in appeal against order.

(3.) DURING the hearing a controversy has been raised at to whether on the death of the original tenant Hazarilal his heirs would be tenants in common or joint tenants. It is not necessary to decide that question in the present revision as this may be considered and decided by the lower Appellate Court in the appeal before it, if it is raised.