SUNDARLAL BALDEOJI MAHAJAN Vs. AHMADALI GULAMHUSEN AND OTHERS
LAWS(MPH)-1955-5-5
HIGH COURT OF MADHYA PRADESH
Decided on May 13,1955

Sundarlal Baldeoji Mahajan Appellant
VERSUS
Ahmadali Gulamhusen And Others Respondents

JUDGEMENT

Samvatsar, J. - (1.) THIS is a petition under Art. 227 of the Constitution.
(2.) THE petitioner filed two suits against his tenants one Ahmad Ali S/o Gulamhusen and Abde Ali s/o Gulamhusen and obtained two separate decrees for Rs. 490/7/ - and Rs. 48/ - respectively, He applied for execution of these decrees before the Tehsildar, Badnagar. The relief sought was by way of ejectment of the tenants from the agricultural holdings. The judgment -debtors objected to the execution contending that they had in fact paid the decretal amount and that there was no valid reason to eject them. The Tehsildar overruled the objection by his order dated 7 -6 -1953 and ordered the judgment -debtor to be ejected and dispossessed. The judgment -debtors went up in appeal but their appeal was dismissed for default by the Suba. The judgment -debtors then approached the Bench Appeal Mal, Gwalior State in revision but that too was rejected on 12 -2 -1934. The judgment -debtors then approached the Appeals Department Darbar Gwalior, which set aside the order of the Suba and remanded the case on 24 -4 -1936 for decision on merits.
(3.) AFTER remand the judgment -debtors produced a receipt showing that they had paid all the arrears for which the decree was passed to the decree -holder subsequent to the decree and prayed for an opportunity to prove it. The Suba by his order dated 13 -3 -1942, granted the prayer. The decree -holder preferred a revision against this order of the Suba but it was dismissed by the Bench Appeal Mal on 25 -9 -1953. The petitioner (decree -holder) thereafter approached the Appeals Department but there too met with no success.;


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