MOHD SALAUDDIN Vs. ANIL KUMAR SINHA

JUDGEMENT

(1.) THIS revision petition has been preferred by the above named petitioner against the order dated 1.7.1998 passed by the 2nd Munsif, Buxar, in Misc. case no.5 of 1998 arising out of the execution case no. 16. of 1988 whereby and whereunder the application filed by the petitioner under Order 21 Rule 97 of the Code of Civil Procedure has been rejected as not maintainable.

(2.) THE opposite parties had filed execution case no. 16 of 1988 to execute the decree passed in Title Suit No. 132 of 1982. The petitioner filed a petition under Order 21 Rule 97 of the Code of Civil Procedure in the aforesaid execution case contending, inter alia, that the decree is not binding on him and that by execution of the decree his possession cannot be interfered. The said application was registered as Misc. Case No. 5 of 1998.

(3.) THERE is long history behind the above application filed by the petitioner. In the year 1932 there was a partition suit being Title Suit No. 30 of 1932 in the court of Subordinate Judge at Arrah. In the partition suit Bibi Sogra got 3/8th share in plot no.1115 in Khata no. 168/121 measuring an area of 2460 sq.ft. Another co -sharer of the suit property, namely, Md. Akhtar at the time of partition left the country and settled in Pakistan but afterwards returned in the year 1982 and sold his share having an area of 187 sq.ft. in plot no. 1115 to one late Kedar Lal on 13.11.1982 by registered sale deed. But he sold the property to late Kedar Lal which was practically in the alloted share of Bibi Sogra.