RADHESYAM AGRAWAL Vs. NARENDRAPAL SINGH

JUDGEMENT

(1.) A Civil Suit No. 155-A/72 was instituted by the appellants in the capacity of landlord of the suit property bearing Corpn. No. 12/63 situated in Colbazar, Malviya Road, Raipur, against Sardar Kartar Singh, respondent No. 2, for eviction from the said suit premises (i.e. House No. 12/62, Colbazar, Malviya Road, Raipur). The decree dated 23.9.1975 passed in this Civil Suit was upheld in First Appeal as well as in Second Appeal decided by this Court.

(2.) When execution of the said decree was set in motion, numerous objections were taken by respondent No. 2 invoking the provisions of Section 47 of the CPC. After the said objections were overruled by the Executing Court, a close relation of respondent No. 2, viz. Santosh Singh with a view to hinder the execution of the decree filed a Civil Suit No. 35-A/77 which is still pending, alongwith an application for injunction restraining the decree-holder from executing the decree. This injunction application was rejected. Thereafter, when the decree was being executed the possession was resisted by another close relation of respondent No. 2, viz. Sardar Sohendra Singh. Not only that, he even assaulted the Court-bailiff who had gone to execute the decree. As such, said Sohendra Singh is subjected to Criminal Prosecution vide Criminal Case No. 340/82 which is pending before the Chief Judicial Magistrate, Raipur. At this stage, the Executing Court directed delivery of possession to the decree holder with the assistance of police.

(3.) In between, son of Sohendra Singh viz., Narendrapal Singh, respondent No. 1 in this appeal, filed a suit for declaration and permanent injunction to the effect that he be declared owner of the suit house bearing registration No. 12/62 Colbazar, Malviya Road, Raipur total area admeasuring 209 sq. ft. inclusive of carpet area and appurtenant land and further the appellants/decreeholders in Civil Suit No. 155-A/72 be restrained from executing the decree.