DEEP RAM Vs. NANAK CHAND

JUDGEMENT

(1.) THIS is a revision petition filed by Deep Ram against the judgment of the learned Additional District judge Ambala who had rejected his appeal against the order of the learned trial Judge, who had dismissed his applicant on for temporary injunction.

(2.) BRIEFLY stated the facts of the case are that the property of Deep Ram ultimately came to the hands of Amir Chand. After his death his son Nanak Chand filed a suit for its possession by redemption. The suit as decreed. The appeals against that decree were also dismissed One of the defendants in the suit was Deep Ram son of Hari Kishan Nanak Chand took out execution of the decree. Deep Ram, the present petitioner, filed objections. They were also dismissed by the executing Court. The petitioner filed a suit in the Civil Court in which, inter alia he claimed that he had become the owner of the shop in dispute by adverse possession and could not be ejected from that shop in execution of the decree passed in the Civil Court. In short, his case in the suit as well as in the objections before the executing Court was that the present petitioner was not made a party to the earlier suit, and the decree has in fact not been passed against him. He made an application to the learned Trial Court for injunction restraining the defendant Nanak Chand from taking possession of the shop in dispute. This application was dismissed He filed an appeal against the order of the learned trial Court The same was also dismissed Dissatisfied with these orders, he has filed the present revision petition.

(3.) I find no merit in this revision petition and the same is dismissed, but there shall be no order as to costs. The parties are directed through their learned counsel to appear before the learned trial Court on September 24, 1979. The records of the case which have been summoned from the learned trial Court, be sent back forthwith.