DARGAH COMMITTEE Vs. ABDUL GAFOOR

JUDGEMENT

(1.) THIS revision petition under Section 115. CPC is directed against the order of the learned Munsiff and Judicial Magistrate, Ajmer City (West), dated 17th April, 1976.

(2.) THE facts of the case, in brief, which are relevant for the disposal of this revision petition are that the Dargah Committee, Ajmer obtained a decree of ejectment against Abdul Gafoor, judgment-debtor. When the decree of ejectment was sought to be executed Ghosh Mohammad obstructed the execution of the decree by way of resisting the delivery of possession. Ghosh mohammad moved an application under Section 151, CPC on 28th Nov. 1975, praying that he is not bound by the decree which has been passed in favour of the plaintiff decree-holder against his father Abdul Gafoor. It was further contended by him that he has been in possession of the shop in question in his own right and has made substantial constructions within the premises. The application under Section 151. CPC by Ghosh Mohammad was resisted by the plaintiff, Dargab Committee. Ajmer, and it was contended that the decree of ejectment was passed against Abdul Gafoor as he had committed default in payment of rent and that Ghosh Mohammad is bound by the decree as he is the son of the judgment-debtor, and he has filed the present petition at the instance of the judgment debtor. After hearing the parties, the learned trial court stayed the execution of the decree and directed the decree-holder to file a petition under Order 21, Rule 97, CPC. It was further directed that the execution of the decree shall be stayed till a decision is given on the application under Order 21, Rule 97, CPC.

(3.) THE respondents remained absent despite notice, and hence the revision petition was heard ex parte against them,