DOMNI DEVI Vs. DHRUB KUMAR LAL

JUDGEMENT

(1.) THE objector in the execution proceedings is the petitioner. This civil revision application is directed against the order dated 13-6-2001, passed by the learned Execution Munsif, Gaya, in Misc. Case No. 6 of 2001 {Dhrub Kumar v. Domni Devi), with respect to the proceedings in Execution Case No. 27 of 1998, whereby the petitioner's application under Order XXI, Rule 97, CPC has been rejected.

(2.) PARVATIA Devi and Satiya Devi were full sisters and the joint owners of the suit property. The northern portion was recorded in the name of Satiya Devi and was registered as Holding No. 40. The southern portion of the suit property was recorded in the name of PARVATIA Devi and was registered as Holding No. 39. The suit property is a house with lands in the township of Gaya. PARVATIA Devi died on 18-10-1990, leaving behind her husband Nanhku Tatwa, her son Nathun Prasad, and her two daughters, Smt. Domni Devi (the petitioner herein), and Chinta Devi. Nanhku Tatwa died on 9-1-1997. The decree-holders of the present case had instituted Eviction Suit No. 33 of 1995 for eviction of Nanhku Tatwa from the suit property. The plaintiff (decree-holder) claimed title to the suit property on the basis of a registerec deed of absolute sale from Nanhku Tatwa, whereafter, the latter was inducted as a tenant. He died during the pendency of the suit on 9-1-1997, and was substituted by his son, Nathun Prasad, Domni Devi and Chinta Devi also filed applications to be impleaded as party defendants in the Eviction suit which was allowed. It appears that they did not pursue it beyond that and did not contest the suit, which was ultimately decreed by judgment dated 6-8-1998, passed by the learned Munsif, 1st Court, Gaya. Nathun Prasad, Domni Devi and Chinta Devi preferred Civil Revision No. 945 of 1998 and Civil Revision No. 2093 of 1998, challenging the said judgment and decree in the Eviction Suit which have been dismissed by a learned Single Judge of this Court by judgment dated 4-7-2000. It has been noticed in the judgment that the petitioners therein had, during the pendency of the eviction suit, instituted Title Suit No. 69 of 1995 in the Court of learned Subordinate Judge, Gaya, which was later withdrawn with the liberty to institute a fresh suit for the same and/or a new cause of action, vide cansent order dated i6-2-1999, passed by this Court in C.R. No. 2323 of 1998, whereafter, they have instituted Title (Partition) Suit No. 71 of 1999, seeking declaration of their title with respect to the premises in question. Domni Devi and Chinta Devi are the plaintiffs in the T.S. No. 71 of 1999, and Nathun Prasad and the judgment-debtors are the defendants and is still pending.

(3.) THE judgment, debtors had earlier instituted T.S. No. 69 of 1995 in the Court of learned Subordinate Judge, 3rd Court, Gaya, with respect to the su t property giving rise to C.R. No. 2323 of 1998, Nathun Prasadv. Dhrub Kumar, in this Court which was disposed of by the following order dated 16-2-1999: