LAXMINARAIN Vs. BHAGIRATH

JUDGEMENT

(1.) THIS is an application by Laxmi Narain and Radha Kishan decree-holders to revise the order of the Additional Munsif, Jaipur East, rejecting their application under Order XXI, Rule 99, of the Code of Civil Procedure.

(2.) THE applicants got a decree for ejectment against the opposite party, which was finally confirmed by the High Court of the former Jaipur State on the 21st of July, 1948. Four months' time was given to the judgment-debtor to vacate the property in suit. THE judgment-debtor not having vacated the house within the time allowed by the decree, the decree-holders made an application for execution on the 27th of November, 1948. THE Nazir went on the spot to deliver possession to the decree-holders, but Nand Lal, son of Bhagirath judgment-debtor, who was found on the spot, ran away saying that he would bring his father, but did not return. Possession was, therefore, not delivered. Again, at the time of delivery of possession, two other sons of the Judgment-debtor, namely, Phoolchand and Madholal, came to the spot and obstructed delivery of possession. Subsequently one application was made by Phoolchand and Madholal on the 3rd of December, 1948, alleging that they held the property in their own right, and so possession be not delivered to the decree-holders. This application was, however, rejected. THEy filed a revision in the then High Court of Jaipur, in which it was ordered that enquiry be made. THE decree-holders also made an application on the 24th of March, 1949, under Order XXI, Rule 97, of the Code of Civil Procedure, that possession be delivered to them. THE Munsif, by his order, dated the 28th of March, 1951, held that the opposite parties, Pooolchand and Madholal, were in possession of the property in dispute bona fide in their own right, and consequently he held that they could not be ejected, and dismissed the application of the decree-holders, who have come in revision to this Court.