AYUB KHAN Vs. AHSANULHAQ

JUDGEMENT

(1.) SINCE identical questions are involved both the revisions are being decided together.

(2.) THE relevant facts in brief are that the plaintiff non- petitioner Ahsanulhaq (hereinafter referred to be as the plaintiff) filed a civil suit for possession of the suit property against the three defendants-Non-Petitioner Nos. 2 to 4 in revision No. 74/2004 (hereinafter referred to be as the defendants) in the court of District Judge, Tonk, in the year 1978 with the averments that one House No. 4 is situated in Ward No. 11 of Tonk. One Noor Mohammad was the owner of this house. After his death, this house was divided on 13. 10. 1965 in between three sons of Shri Noor Mohammad. Two portions of this house were sold by two sons of late Noor Mohammad respectively to Shamim Begum and Mohammad Sufiyan who subsequently sold the same to the plaintiff but they continued to occupy the house with the permission of the plaintiff and now the plaintiff wants possession. THE defendants contested the suit.

(3.) ON 20. 4. 1994, the objector filed the objections under Order 21 Rule 97 C. P. C. in the execution petition on the basis of the same agreement dated 4. 4. 1989.