LAWS(P&H)-2006-12-23

NEW KRISHI SEWAK Vs. BHAGWATI

Decided On December 07, 2006
New Krishi Sewak Appellant
V/S
BHAGWATI Respondents

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated March 9, 1999, vide which objections, filed by the petitioner, in execution application were rejected. It is apparent from the records that Bhagwati Sharma, respondent No. 1, along with one Sarup Chand filed a civil suit against the petitioner and other co-sharers for partition of the house, built in Khasra No. 5411/1715, 1716, situated in Gurgaon. Petitioner was also impleaded as one of the defendants in that suit, in which, after looking into pleadings of the parties, the trial Court framed the issues. Issue No. 3 reads thus :-

(2.) WHILE passing the preliminary decree in judgment dated August 3, 1987, following finding was given with regard to issue, reproduced above :

(3.) SHRI M.L. Sarin, Senior Advocate, counsel for the petitioner, has stated that the dispute is squarely covered by the ratio of judgment of the Hon'ble Supreme Court in M/s Karta Ram Rameshwar Dass v. Ram Bilas and others, 2005(2) R.C.R.(Rent) 643 : 2006(1) RCR(Civil) 23 (SC) : Judgments Today 2005(10) SC 135.