BRIJ RAJ KRISHNA DAS Vs. ZAHIDA BEGUM

JUDGEMENT

(1.) This Civil Revision is directed against an ordar dated 15-4-1988 passed by Shree S. Kumar Munsif, 2nd Court Bhagalpur in Miscellaneous Case No. 7 of 1988 arising out of Execution Case No. 14 of 1985.

(2.) Shorn of all unnecessary details the facts of the case are as follows : The decree holder opposite party had obtained a decree against the second party opposite party in title Suit No, 41/43 of 1968/1975. By reason of a judgment and decree passed in the aforementioned suit the Additional Munsif, Bhagalpur, directed the defendant of the said suit to vacate the said promises within one month from the date of the said decree. The said decree was thereafter, put in execution by the decree holder opposite party No. 1 which was registered as Execution Case No. 14 of 1985.

(3.) In the said execution case the petitioner filed an application purported to be under Order XXI Rule 35 of the Code of Civil Procedure alleging inter alia therein that he was the absolute owner of the Gali in question which was under the tenancy of Jagannath Prasad Sah, the judgment debtor in this case. According to the petitioner, the said opposite party third party surrendered the entire lease hold premises to the petitioner who came in exclusive possession thereof. It was further alleged that the suit premises was a part of the said tenancy. The petitioner also contended that as he was to be dispossessed from the suit premises which was in his exclusive possession, he was entitled to object to the execution of the decree and pray for holding an inquiry as to whether he was in possession in respect of the said premises or not.