MOTIUR RAHMAN Vs. ACHIA KHATOON

JUDGEMENT

(1.) This revision has arisen out of the order, dated 29-8-2002, passed by learned Civil Judge (Sr. Divn.) No. 2, Guwahati, in Title Execution No. 2/2001 arising out of Title Suit No. 22/84, whereby the petitioners application made under order 21, Rule 99 and 101 read with Section 151, CPC was rejected.

(2.) In a nutshell, material facts and various stages, which has given rise to this revision, may be narrated as follows :- For execution of the decree granted in title Suit No. 22/84, Title Execution NO. 2/01 aforementioned was commenced, the opposite party Nos. 1 to 8 being the decree holders and opposite party No. 9 being the judgment debtor. The petitioner who was not a party to the suit or to the execution proceeding, made an application in the execution proceeding under Order 21, Rule 99 and 101 read with Section 151 of the CPC, his case being that he had been in occupation and use of a portion of the suit property since 1972 by constructing his dwelling houses thereon, but he was never made a party to the suit and though he was a stranger to the suit, he was now, being sought to be evicted from the said portion of the suit land. Upon hearing the learned counsel for the parties, the learned executing Court passed the impugned order rejecting the petitioners prayer for allowing him to resist the execution of the decree. Aggrieved by this order, the revision petitioner has approached this Court.

(3.) This revision has been resisted at its very threshold, that is, at the very admission stage on behalf of the opposite-parties-decree-holder.