MANISH SHARMA Vs. MOHAN KISHORE

JUDGEMENT

(1.) THIS appeal arises from the order dated 20.1.2015 passed by the Executing Court in MJC No.01/2015 rejecting the application filed under Order XXI Rule 97 CPC by applicant/appellant Manish Sharma.

(2.) FACTS necessary for disposal of this appeal are to the effect that Civil Suit No.4 -A/2006 was filed on 25.6.1984 by respondent -Mohan Kishore against Smt. Vimla Devi, wd/o Late Shri Durga Prasad, and four others; sons of Late Durga Prasad, for recovery of possession and permanent injunction and mesne profit in relation to suit property; first and second floor of House No.47/455 situated in Madhoganj, Lashkar, Gwalior, marked with red ink in the attached map. The suit was decreed on 27.7.2007 addressing upon issues 2(a) and 2 (b), which read as under

(3.) APPLICANT filed an application under Order XXI rule 97 read with section 151 CPC contending that the suit property, i. e. room on the second floor of the house in question and latrine and bath room on the first floor, was of the ownership and possession of Late Durgaprasad. The grandfather of applicant, namely, Late Sitaram had taken the aforesaid suit premises on rent from Durgaprasad on monthly rent of Rs.2,000/ - and thereafter, the tenancy had continued in favour of successors of Late Sitaram and at present the applicant being the successor continues to be in possession of the aforesaid premises as a tenant on the strength of the original tenancy. The applicant being a tenant of the suit premises, he ought to have been made a party to the suit. That was not done and the decree of eviction has been obtained behind his back, though he is in possession of the suit property.