STATE OF M P Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THOUGH the appeal filed by the State Government is barred by limitation but, before entering into the question of limitation, I thought it fit to look into the merits of the matter so that the question of limitation is decided one way or the other.

(2.) UNDISPUTEDLY one Fazal Hussain had filed Civil Suit No:1-B/1976 against m/s. Dewas Tyres, the said suit was decreed in favour of Fazal Hussain. However m/s. Dewas Tyres did not pay the suit amount, therefore, plots no. 9, 10 and 16 (c)over which certain construction was raised were put to auction. A sale proclamation was issued and sale was ordered in favour of respondent Rajendra Kumar S/o rambabu Sharma on 9. 5. 1981.

(3.) IT is contended by learned counsel for each of the appellant that M/s. Bharat ice and Cold Storage were in possession of the property as lessees of the State government, therefore, they filed certain objections under Order 21 Rule 92 before the learned executing Court. The objections came to be decided against the interest of M/s. Bharat Ice and Cold Storage so also against the State Government as contended by Smt. Anjali Jamkhedkar, learned Panel Lawyer.