SATAB SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) (ORAL):

(2.) IN this application, the prayer is for setting aside the order dated 22.02.2010 whereby the applicant/respondent No.1 was proceeded ex parte. Learned counsel for the petitioner has no objection to the aforesaid prayer made. Application is allowed. The order dated 22.02.2010 proceeding ex parte against respondent No.1 is set aside. CM disposed of.

(3.) LEARNED counsel for the petitioner has vehemently argued that even if, prima facie, it is found that there is no agreement to sell in his favour, still, during the pendency of the suit he is entitled to protect his possession as it is the respondents' own case that petitioner is occupying the property in dispute as a tenant. This fact is not disputed by the learned counsel for the respondent. It has been informed that the proceedings in the suit are continuing and now the case is fixed for evidence of the petitioner.