IBRAHIM Vs. PHOOLCHAND

JUDGEMENT

(1.) THIS is a revision application by one Ibrahim against an order of the Civil Judge Pali dated 12. 1. 59.

(2.) THE facts giving rise to this application are these. Gafoor, respondent No. 2 mortgaged a house situated at Pali with possession in favour of Phool Chand respondent No. 1 by means of a registered mortgage-deed dated 23. 1. 54. On the same date he executed a rent-note in favour of the mortgagee taking the mortgaged house on rent from him. THE rent fell in arrears and Phool Chand brought a suit for recovery of arrears of rent and for ejectment against Gafoor which was decreed. When the decree for ejectment was being executed Ibrahim filed an objection claiming to be in possession of the house as owner and praying that warrant for delivery of possession should not be issued without investigating his claim. This application was rejected by the executing court on 11. 9. 58 on the ground that it is not open to a third party to apply for investigation of his claim and that his claim could only be investigated upon an application by the decree-holder made under O. 21 R. 97. Warrant for delivery of possession was then issued. When the Ameen went to the spot to deliver possession to the decree holder he was resisted by Ibrahim. THE court thereupon passed on order on 1. 12. 58 that possession be delivered to the decree-holder by the use of force after taking the assistance of the police. When this order was passed Ibrahim was present and he filed another application for investigation of his claim. This application purported to be under sec. 151 C. P. C. read with O. 21 R. 97. This application was rejected on 12. 1. 59 by the learned Civil Judge on the same ground on which his earlier application was rejected by him on 11. 9. 58. Against this order the present revision application has been filed.