RAMANLAL Vs. RUKMANI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The facts of the case are that the plaintiff Ramanlal filed suit No. CO 17/1965 in the Court of Munsif, Banswara against his tenant Harish Chandra, which was decreed for arrears of rent but relief of eviction was refused as notice for eviction was not legal.

(3.) The landlord Ramanlal filed another Suit No. 20/1967 which was decreed on 14-11-1968. Ramanlal instituted execution petition wherein Dhurilal (who was father of the decree-holder Ramanlal) resisted delivery of possession of the suit property in execution of the decree obtained by plaintiff Ramanlal against Harish Chandra on the ground that objector Dhuri Lal is owner of the property in dispute and he is in possession of the shop in dispute and not bound by the decree passed in Suit No. 20/1967.