SACHIDANAND MISHRA Vs. BIMLA DEVI SARAF

JUDGEMENT

(1.) This Civil Revision has been filed by the applicant-petitioner challenging order dated 14-5-2009 by which the learned Munsif, Patna City rejected his application under O. XXI, R. 97 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) numbered as Misc. Case No. 8 of 2006 at the stage of admission itself.

(2.) The aforesaid miscellaneous case was filed by the petitioner in Execution Case No. 5 of 2006 for adjudication of the question of right, title and possession on the ground that the decree under execution passed in Eviction Suit No. 2 of 1991 was not executable against the petitioner, who was not a party to the suit, but was in possession of the suit property in his own right.

(3.) This case has a chequered history. It is an admitted fact that the property involved in the aforesaid suit along with other properties belonged to three brothers, namely, Parsuram Das, Hari Das and Awadh Behari Das and after death of Parsuram Das, his sole heir and daughter Bhagwan Dai sold her l/3rd share by registered sale-deed dated 2-7-1974 in favour of Ramashish Mishra (father of the petitioner). Subsequently, the heirs of Hari Das and Awadh Behari Das also sold their 2/3rd share vide registered sale-deeds dated 16-6-1988 and 28-7-1988 in favour of the opposite party.