SHAM LAL Vs. S KAMAL DEEP SINGH

JUDGEMENT

(1.) HEARD . Discharged. C.Rev. No. 99/2008 and CMP No. 102/2008

(2.) THIS revision petition has arisen from the order passed by the Principal District Judge, Jammu rejecting the application of the objector in execution proceedings of decree passed in Civil Suit No. 42/Civil, rejecting his claim for impleading as a party in the said proceedings.

(3.) THE compromise decree came to be passed in favour of respondent No. 4 and against respondent 1 to 3 by the court of learned Principal District Judge, Jammu in Civil Original Suit No. 42/Civil on 20.02.2007. A civil suit was filed by the plaintiff -decree holder seeking mandatory injunction directing the defendants/judgment debtors to remove their belonging and hand over the vacant possession of the shop carved out at ground floor of M/s Cosmo Bar and Restaurant situated at Vir Marg, Jammu. The plaintiffs case in the suit, briefly, was that by virtue of a licence agreement executed and registered on 16.01.2001, he had granted licence in favour of the defendants for running M/s Cosmo Bar and Restaurant existing at the ground floor of Hotel situated at Vir Marg, Jammu. During the currency of the licence, the defendants, however, carved out the shop in question in the licenced premises and started retail business of readymade garments under the name and style of M/s City -60 by engaging salesman.