PUSHPA RANI PAUL Vs. NITAI MUKHERJEE

JUDGEMENT

(1.) TITLE Suit No. 11 of 1983 filed by petitioner against opposite party No. 2 for a decree for specific performance of agreement for sale executed in her favour some time in the year 1979, was decreed on 31.5.1985 on contest.

(2.) IT is said that thereafter necessary sale deed pursuant to decree was executed. However, Execution Case No. 45 of 1990 filed by decree holder for obtaining delivery of possession was pending. Opposite Party No. 1, who was not a party to the suit, filed an objection purporting to be under Section 47 read with Section 151 of the Code of Civil Procedure, on the basis of which Misc. Case No. 6 of 1992 was registered.

(3.) ACCORDING to her, the decree holder completely suppressed the fact and did not even show objectors house on the western boundary and suppressing the truth and practising fraud succeeded to get writ of delivery of possession issued, though there was no such decree for recovery of possession.