SARDAR KUNDAN SINGH & ANOTHER Vs. AL
LAWS(GAU)-1994-2-19
HIGH COURT OF GAUHATI
Decided on February 16,1994

SARDAR KUNDAN SINGH AND ANR Appellant
VERSUS
AL-HAZ-KAUSHAR ALAM Respondents


Referred Judgements :-

RADHI DEI V. LALIT BIHARI MOHAHTY [REFERRED]
BHAVAN VAJA VS. SOLANKI HANUJI KHODAJI MANSANG [REFERRED]


JUDGEMENT

- (1.)This petition has been filed under Sections 115 and 151 of the Civil Procedure Code read with Article 227 of the Constitution of India by the Judgment-debtors in respect of a petition filed under Section 47, Civil Procedure Code in Title Execution Case No. 2 of 1992 before the learned Assistant District Judge, Dibrugarh.
(2.)The decree-holder filed a Title Suit for ejectment of the present Petitioners on the ground of bonafide requirement. The suit, namely, Title Suit No. 17 of 1992, was decreed by the learned trial Court that is the Assistant District Judge, Dibrugarh on 8.1.92. The First Appeal was also dismissed and thereafter the Judgment-debtors approached this Court by filing a revision petition which was registered as Civil Revision No. 323 of 1992. The revision petition was also dismissed and the Apex Court was approached by filing a Special Leave to Appeal Petition registered as No. 16308 of 1993 and this petition was also dismissed on 29.10.93.
(3.)The decree was put into execution and in the execution proceeding a petition was filed under Section 47, Civil Procedure Code which was dismissed by the impugned order dated 7.1.94.


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