MANOHARLAL Vs. IDANDAS

JUDGEMENT

(1.) THE objectors -appellants have filed this appeal against the order dated 18.1.2006 passed by Sixth Additional District Judge, Gwalior, in Execution Case No.53 -N93x94. By the aforesaid order the objections raised by the objectors have been rejected with regard to delivery of possession and execution of decree dated 3.9.1994 for specific performance of contract passed in Civil Suit No.53 -A/93.

(2.) THE respondent No.1 filed execution proceedings before the trial Court on 28.10.1994 with regard to execution of sale -deed in pursuance to the judgment and decree passed by the trial Court and delivery of possession and also for construction of a wall over the suit land.

(3.) BEFORE the executing Court the appellants -objectors submitted an objection under Order 21 rule 97 read with Order 21 rule 36 and section 151 of Civil Procedure Code on 2.4.1996. They pleaded that the agreement to sell the suit plot in favour of the respondent No.1 was a forged one and by an ex parte decree the respondent No.1 was trying to grab the property which is a public property and belongs to all the persons who are residing in the area including the objectors. They further pleaded that there was a house of Shitole family named at Bada Ajnam Narshing Niwas, Bada Shitole Jamdar Khana at Lashkar. The aforesaid house was a big one and it was sold by the family of the Shitole family namely Krishna Rao Shitole, Smt. Jyotsana, Ku. Arunadhanti Shitole, Ku. Yashashavi Shitole, Ku. Gayatri Shitole, Ku. Geeta Shitole and Ramchandra Shitole to various persons on different dates. Objector -appellant No.2 purchased some portion of the house on 2.12.1989, 13.3.1989 and 27.3.1989, Smt. Krishna Devi appellant No.3 on 30.11.1989, Shri Gangaram appellant No.4 on 20.3.1989, Manoharlal appellant No.1 on 31.3.1989, Smt. Kavita Devi appellant No.5 on 27.3.1989, Smt. Neha Devi appellant No.6 on 20.3.1989, Manoharlal appellant No.1 on 20.4.1989, Manoharlal appellant No.8 on 17.3.1989, and Tolaram on 16.3.1989. Copy of the sale -deeds have also been filed alongwith the objection. One of the condition of the sale -deed was that main gate of the Bada would remain as it is and all the purchasers and the vendors would have easementary rights over the main gate of the Bada. Similarly, the passage, main gate and one chowk and maidan, which was left out as open, would be used jointly and all the purchasers had easementary rights over the aforesaid open area and nobody could narrow the open space. The relevant portion, which was in Hindi is as under :