CHHOTU RAM SAINI Vs. BALVANT SINGH SHEKHAWAT

JUDGEMENT

(1.) Heard learned counsel for appellant-objector.

(2.) Appellant-objector has preferred this second appeal against the judgment and decree dtd. 28/5/2022 passed in Civil Appeal (CIS) No.55/2017 by the Court of Additional District Judge No.1, Sikar, affirming the judgment dtd. 6/12/2017 passed in Objection Application No.20/2011 (CIS No.322/2014) by the Court of Civil Judge, Sikar, District Sikar whereby and whereunder the objection application filed under Order 21 Rule 97 CPC against the decree dtd. 25/8/1980 passed in Civil Suit No.07/73, was dismissed.

(3.) It appears from record that one Shri. Girdhari Singh, who is predecessor of respondents Nos. 1 to 4 instituted a civil suit No.07/1973 for redemption of mortgage and possession against one Smt. Indira Devi Jain in relation to three shops. The suit was decreed vide judgment dtd. 25/8/1980. The appellant-objector claimed that out of three shops, one shop in question was in tenancy of his father late Sh.Salag Ram from the plaintiff-decree holder Girdhari Singh orally since 1980 @ Rs.170.00 per month but due to the court stay, neither rent deed was executed nor receipt of rent was issued. Appellant-objector claimed that his father was running a tea stall in the shop and the objector also helped in the business. The objector claimed that after death of his father, now he is tenant of plaintiff-decree holder in the shop in question. When the plaintiff-decree holder sought to dispossess the objector in execution of the decree dtd. 25/8/1980, the objector submitted objections under Order 22 Rule 97 CPC alleging inter alia that he is not bound by the decree and cannot be evicted from his rented shop.