PUKH RAJ Vs. GHEWAR CHAND

JUDGEMENT

(1.) THIS is a revision against the order of Munsiff, Jalore dated 4-1-1971, whereby he disallowed the petitioner's application under Order 21, Rule 95 C. P. C.

(2.) THE litigation between the parties has no doubt a very chequered history starting as long back as the year 1955 but for the purposes of this revision suffice it to say that the petitioner obtained a decree on 9-5-1955 for arrears of rent, possession of the rented property (which had been mortgaged with the petitioner and taken back on rent) and for future rent as well. In execution of that decree another house of the judgment-debtor was got attached and pur to sale. THE sale of the house in favour of the decree holder-petitioner was confirmed on 12-7-1965 and a sale certificate in his favour was also issued by the executing Court on 16-7-1965. In between the passing of the decree and the issue of sale certificate several litigations between the parties took place in connection with that decree but they can safely be ignored for the purposes of this revision. So also after the issue of the sale certificate some more litigation took place but the relevant facts for our purpose are that eventually on 29. 4. 1978 the decree-holder-purchaser i. e. the petitioner applied for obtaining the possession of the house. That application was resisted by the judgment-debtor mainly on the ground thai the decree in the execution of which the house was auctioned by the Court and purchased by the decree-holder had been held to be inexecutable by that very Court on 16 4-1970 in a suit between the parties. THE executing Court, therefore, dismissed the application on 4-1-1971. Hence this revision.

(3.) THE preliminary objection is, therefore, upheld and the revision being not entertainable the same is dismissed but with no order as to costs. .