MUSSTT REZIA KHATOON Vs. MD. ABUL NASER

JUDGEMENT

(1.) THIS revision petition is against the order dated 11.12.89 passed in Title Execution Case No. 5 of 1987 by the Sadar Munsiff Gauhati refusing to entertain an application filed by the Petitioner under Order 21 Rule 97 and 99 read with Section 151, Code of Civil Procedure.

(2.) THE facts of the case of the Petitioner Musstt Rezia Khatoon, in brief, are thus. Her brother Md. Ahiya instituted Title Suit No. 192 of 1986 against one Md. Abul in the Court of the Munsiff Gauhati claiming, inter alia, eviction of Abul. Md. Ahiya obtained a decree ex -parte against Abul. The decree was executed on 19.2.87 and Abul Naser was evicted from holding Nos. 113 and 115, Thereafter, construction on holding, Nos. 113 and 115 was demolished, and the Petitioner and her brother Ahiya mutually and in collaboration with each other constructed one RCC building thereon by investing substantial amount of money.

(3.) BEFORE dealing with the decisions in the case cited above, it may be noted that it has been held by the Supreme Court that an application for restitution under Section 144, Code of Civil Procedure is an application for execution of a decree See Mahijibhai v. Manibhai : AIR 1965 SC 1477; and Magbool v. Md. Khodaija : AIR 1966 SC 1194.