VOL BUILDERS PVT LTD Vs. JANAB SALIM SAHEB

JUDGEMENT

(1.) CHALLENGE in this application is to the order dated 24-8-2007 passed by the learned Munsif, Ranchi in an Execution proceeding vide Misc. Case No. 25 of 2007, whereby and whereunder the petition filed by the respondent No. 1 under Order 21, order 97 (1) (ii) read with Section 151 of the code Of Civil Procedure was admitted and a direction was issued to the parties to adduce evidence for deciding upon the claim of right, title and interest of the respondent no. 2 over the suit premises.

(2.) FACTS of the case in brief is that the petitioner/plaintiff filed a suit for eviction of the respondent No. 2 from the suit premises under the provisions of Section 11 (1) (d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. The suit was decreed in favour of the petitioner/ plaintiff by order dated 5-8-2006.

(3.) THE petitioner thereafter filed an application before the Court below under Order 21, rule 11, CPC for execution of the decree. The application was registered as execution Case No. 17 of 2006. After the executing Court had issued writ of delivery of possession for executing the decree and when the decree was about to be executed, the respondent No. 1 filed an application before the Court below on 16-4-2007 under order 21, Rule 97 (i) (li) read with Section 151 of the Code of Civil Procedure, resisting the execution of the decree. The ground stated by the respondent No. 1 against the execution of the decree was based on his independent claim of right and title over the suit premises. On receiving the application, a separate miscellaneous proceeding vide misc. Case No. 25 of 2007 was registered.