RAMJIDASS Vs. SATISH KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order dated May 7, 1971, passed by the learned senior Subordinate Judge, Rohtak, in an execution petition.

(2.) The property in dispute belonged to Kirori Mal respondent No. 2. He created a mortgage with possession in respect of this property in favour of one Brij Lal on May 30, 1968. The mortgage deed Ex. O.W 8/1 shows that while mortgaging the property -Kirori Mal respondent recognised the rights of the petitioner as a tenant in the premises in dispute. Towards the operative part of the deed, it has been expressly mentioned that mortgage with possession had been created by keeping intact the tenancy rights of Ramji Das petitioner. Since Kirori Mal respondent did not discharge his debt, the decree holder took out proceedings for having his debt realised by sale of this property. The property was put to auction on July 27, 1970, and a sale certificate was issued in favour of Sh. Bodha Ram, father of Satish Kumar respondent No. 1, on January 24, 1974.

(3.) Earlier on October 16, 1973, the petitioner had filed a suit for permanent injunction against the auction-purchaser alleging therein that he was being dispossessed by him contrary to the provisions of law and that he be restrained from doing so. On July 19, 1974, the counsel for the action purchaser made a statement in Court that the petitioner would not be dispossessed save in accordance with law.