YASHIN KHAN Vs. RAJASTHAN MUSLIM WAQF BOARD

JUDGEMENT

(1.) INSTANT revision impugns the order dated March 31. 1997 of the learned Additional Civil Judge (Junior Division) No. 2 Jaipur City whereby the application under Order 21 Rule 22 CPC. of the judgment -debtor petitioner (for short, the judgment debtor) was dismissed.

(2.) SUIT for eviction in respect of suit property was decreed by the Trial Court on March 16, 1981 infavour or the decree holder non -petitioner (for short the decree holder). The appeal of the judgment debtor was dismissed by the first appellate Court on December 22, 1981. Thereafter the judgment debtor preferred second appeal which was also dismissed on May 4, 1982. This Court granted nine months time to the judgment debtor on furnishing under taking to vacate suit premises in the interest of justice. The order of this Court was called in question by the judgment debtor before the Supreme Court by filing petition for special leave to appeal (Civil) No. 7531/1983. Their Lordships of the Supreme Court dismissed the special appeal leave petition vide order dated August 4, 1986.

(3.) THE decree holder denied the averments by filing reply supported by affidavit of Mohd. Ibrahim.