BRIJESH KUMAR Vs. HIRA LAL

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the Additional Munsif No. 1, Bhilwara, dated 14 -12 -1987, by which lie rejected the application of the petitioner, moved under Section 151, CPC for not dispossessing him from the disputed shop, in execution of the warrant issued under Order 21, Rule 35, CPC on the execution application of the decree -holder -non -petitioner No. 1 against the judgment -debtor -non -petitioner No. 2. The fact of the case giving rise to this revision may be summarised thus.

(2.) THE decree -holder -non -petitioner No. 1 Hira Lal obtained a decree for ejectment of the judgment -debter -non -petitioner No. 2, Bardi Shanker. The judgment -debtor, unsuccessfully took the matter upto the Hon'ble Supreme Court. The decree -holder Hiralal applied for the execution of his decree. The petitioner disclosed to the sale Ameen when he went to execute the warrant and to deliver the pessession of the disputed shop to the decree -holder Hiralal that he has been inducted as a tenant in the shop by the decree holder Hiralal. Thereafter, he moved an application under Section 151, CPC before the executing Court with the same averments and prayed that he may not be evicted in execution of the decree obtained by the non -petitioner Hiralal against non -petitioner No. 2 Bardi Shanker. After hearing the parties, the learned Additional Munsif dismissed it by his order under revision.

(3.) ARGUMENTS of the learned counsel for the petitioner have been heard and the record has been perused. Admittedly, no receipt of the alleged payment of Rs. 20,000/ as premium, and Rs. 250/ as rent, was obtained by the petitioner from the decree -holder Hiralal. It is also not his case that the payment of the said amount of Rs. 20,000/ - was made either through cheque or bank draft. It is not the case of the petitioner that the judgment -bebtor Bardi Shanker obtained any receipt in writing from the decree -holder Hiralal, when he delivered the actual and physical possession of the disputed shop.