DUSHYANT SINGH CHAUHAN Vs. LAKHAN SINGH RATHORE

JUDGEMENT

(1.) This revision petition under Section 115 of the CPC by the landlord/petitioner/defendant is directed against the order dated 29.04.2014, whereby the executing court on an application filed by the respondent/plaintiff has issued warrant of possession.

(2.) The facts relevant and necessary for disposal of this revision petition are that the respondent/plaintiff/tenant had filed a suit for injunction seeking relief of protection against the forcible dispossession. The suit was decreed on 28.04.2011.

(3.) Having the apprehension of forcible dispossession despite the aforesaid decree, respondent/plaintiff moved an application under Order 21, Rule 31 of CPC. The application was contested. In reply to the application, petitioner/defendant denied forcible dispossession. In stead, it was submitted that the respondent himself has vacated the suit premises in lieu of Rs. 60,000/- paid to him, as such, it is incorrect to say that the defendant was forcibly dispossessed.