LALIT PRASAD SAH Vs. MAHENDRA SAH

JUDGEMENT

(1.) Petitioners-objectors, aggrieved by the order dated 21.2.2004 passed by the Munsif, 1st, Munger in Title Execution Case No. 18 of 1976 directing for issuance of delivery of possession and for deputation of police force, have preferred this application.

(2.) Decree-holders-opposite party nos. 1 and 2 filed application for execution of the decree of ejectment dated 31.1.1972 passed in Title Suit No. 184 of 1970. Said suit was filed impleading Musahru Sah, uncle of these petitioners, on the ground of default of arrears of rent, which was decreed. Miscellaneous case, filed by said Musahru Sah for setting aside the ex parte decree was dismissed so also the appeal i.e. Misc. Appeal No. 3 of 1973.

(3.) Petitioners filed Title Suit No. 104 of 1974 for declaration of their title and further, for a declaration that the decree passed in Title Suit No. 184 of 1970, is collusive and not binding on them. The decree-holder, put the decree for execution which was registered as Execution Case No. 18 of 1976. It seems that the petitioners' father Banarsi Sah had also objected to the execution of the decree, which led to registration of Misc. Case No. 1 of 1978. Munsif, 1st, Munger, by order dated 6.3.1980, dismissed the said case and aggrieved by the same, Banarsi Sah, father of the petitioners, filed Misc. Appeal No. 18 of 1980 and the Additional District Judge, II, Munger, by judgment dated 10th of February, 1993, dismissed the appeal, inter alia, holding as follows: