USHA RANI Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS revision is directed against the order of the executing court dated 23rd August, 1988 whereby objections filed by the petitioner Smt. Usha Rani have been dismissed.

(2.) RAJ Kumar, landlord, obtained an ex-parte order of eviction against his tenant Manohar Lal, vide orders dated 16th July, 1985. When he sought execution of the said order by filing an execution application dated 8th October, 1985, objections were filed thereto on behalf of Smt. Usha Rani alleging that Raj Kumar, decree-holder, was merely a landlord of the premises in dispute whereas his father Sardari Lal was the owner. Sardari Lal had sold the disputed house to Baldev Raj vide sale deed dated 8th October, 1984, whom the possession had been delivered by Sardari Lal and his tenant Manohar Lal. Later on said Baldev Raj sold the said property to her vide sale deed dated 30th October, 1985. Thus, she claimed herself to be the onwer-in-possession of the house in dispute who could not be dispossessed in execution of the ejectment order obtained by Raj Kumar against Manohar Lal. This objection petition was resisted by the decree-holder. On the pleadings of the parties, the executing court framed the following issues :-

(3.) AFTER hearing learned counsel for the parties I am of the considered view that on the facts and circumstances of the case, the only proper remedy for the objector was to file a civil suit for getting her title decided in the suit property by a civil court of competent jurisdiction. Whether the objection petition, as such, was maintainable or not was never agitated before the executing court on behalf of the decree-holder, though there was a specific issue framed by the executing court in that behalf. That being so, it could not be successfully argued on behalf of the decree-holder that the objection petition was decided under Order 21 Rule 97, Code of Civil Procedure and hence it was appealable. Since the findings of the executing court could not be challenged by the petitioner in revisional jurisdiction of this court, the order of the executing court will be subject to the result of the Suit, if any.