MAHAVEER SINGH Vs. DEVENDER KUMAR MOOL CHAND

JUDGEMENT

(1.) THE present appeal filed by the appellants-objectors arises out of the judgment and decree dated 30.7.2008, passed by Additional District Judge No. 1, Ajmer City, Ajmer,(hereinafter referred to as the appellate court), in Civil Appeal No. 49/2005, whereby the appellate court has dismissed the said appeal and confirmed the judgment and order dated 12.9.2001, passed by the Civil Judge (SD), Kishangarh, Ajmer, (hereinafter referred to as the Executing Court) in Misc. Case No. 7/98, in Execution Case No. 10/90.

(2.) THE short facts, giving rise to the present appeal are that the respondent No.1-plaintiff had filed the suit against the respondent no.2-defendant before the trial court seeking eviction of the Quarter No.22, (hereinafter referred to as the suit premises). THE said suit was decreed exparte against the respondent no. 2, on 30.11.1977. According to the present appellants their father Ganpat Singh was in possession of the Suit Premises as the tenant, and not the respondent no. 2. Hence, said Ganmpat Singh had challenged the said decree by filing an appeal, however, the appellate court dismissed the same vide order dated 19.7.1984, holding that third party could file application u/Or. XXI, R. 99 or a separate suit. Hence, the said Ganpat Singh filed the suit, which was resisted by the respondent no. 1. THEreafter the said Ganpat Singh died on 11.4.1991 and his wife Ram Kanwar filed an application being no. 7/98 before the Executing Court under Or. XXI, R. 97, which was dismissed vide order dated 12.9.01. Being aggrieved by the said order, the said Ram Kanwar filed the appeal being no. 49/05 before the appellate court, which has been dismissed vide the impugned judgment and decree dated 30.7.08. THE present Second Appeal appears to have been filed by the sons of the said Ganpat Singh and Ram Kanwar, against the said judgment and decree passed by the appellate court.