SHAMBHU DAYAL Vs. MEERA

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 1.9.1992 passed by the District Munisif, Ajmer in execution case No. 27 of 1990. By this order it has been held that a person who was not party to the suit is not authorised to file objections of the nature which have been raised in this case.

(2.) THE history of the case is a long one. The suit was instituted in the year 1971 by the non-petitioner No. 1 Smt. Meera Bai against the non-petitioner No. 2 Ganpat Lal and a decree for rent and eviction was passed on 8.4.1976. During the execution of the decree the present petitioners obstructed. Their contention was that they were direct tenants of the opposite parties 1 and 3 and were not the sub-tenants of opposite party No. 2. The decree holder opposite party No. 1 filed an application under Order 21 Rule 97 CPC, which was allowed. When the court proceeded to adjudicate upon this application and decided the same in favour of the decree holder the petitioner preferred an appeal which was dismissed in default on 28.7.1988 and a restoration application is said to be still pending.

(3.) IT was stated that earlier the petitioners had raised objections under Order 21 Rule 22 CPC. No notice had been given to the persons who were obstructing and that the execution was time bared. The present decree holder has no right to execute the decree and these objections were dismissed on 28.1.1992 on the ground that the petitioners were not entitled to raise these objections as they were not the judgment-debtors. When the petitioners raised the objection claiming themselves to be tenants, the same were decided by the court on 26.3.1983 that they were not tenants of the decree holder and the application under Order 21 Rule 97 was accepted. It was again held that the third person cannot raise objection in execution and as such the objections were dismissed.