SARVA PRAKASH ANAND Vs. JUGAL KISHORE

JUDGEMENT

(1.) THIS is a decree holder's appeal against the judgment rejecting his application under O. 21 R. 97, C. P. C. , and accepting the appeal filed by the obstructor, namely Jugal Kishore, the respondent No. 1, and, reversing the judgment of the Executing Court. The Executing Court has held that Jugal Kishore was holding possession on behalf of the judgment debtor Babulal and he cannot be allowed to obstruct the execution of the decree against Babulal.

(2.) THE learned Additional Civil Judge, Ajmer, has accepted the appeal of Jugal Kishore on the ground that though he was paying the rent of this shop in dispute upto 1960 on behalf of Babulal, the judgment debtor, but, there is no evidence that after that he continued in the same capacity. It has been further observed that all fact was required to be sent for an enquiry under O. 21, R. 97 or O. 21, R. 100, C. P. C. , about his possession and not right or title.

(3.) IN view of the above, the finding of the first appellate court is obviously erroneous and against law.