SUNDARLAL BALDEOJI MAHAJAN Vs. AHMADALI GULAMHUSEN AND OTHERS

JUDGEMENT

(1.) THIS is a petition under Art. 227 of the Constitution.

(2.) THE petitioner filed two suits against his tenants one Ahmad Ali S/o Gulamhusen and Abde Ali s/o Gulamhusen and obtained two separate decrees for Rs. 490/7/ - and Rs. 48/ - respectively, He applied for execution of these decrees before the Tehsildar, Badnagar. The relief sought was by way of ejectment of the tenants from the agricultural holdings. The judgment -debtors objected to the execution contending that they had in fact paid the decretal amount and that there was no valid reason to eject them. The Tehsildar overruled the objection by his order dated 7 -6 -1953 and ordered the judgment -debtor to be ejected and dispossessed.

(3.) AFTER remand the judgment -debtors produced a receipt showing that they had paid all the arrears for which the decree was passed to the decree -holder subsequent to the decree and prayed for an opportunity to prove it. The Suba by his order dated 13 -3 -1942, granted the prayer.