- (1.) Leave granted.
(2.) This appeal is directed against the order and judgment dated 17-4-1997, passed by the Allahabad High Court whereby the writ petition filed by respondents 4 to 10 herein was allowed and the executing court was directed to dispose of the objections of the said respondents under Order 21 Rule 98 cpc.
(3.) The brief facts giving rise to this appeal are as under: on 9-5-1947, one Seth Bhagwan Das executed a lease in respect of a vacant piece of land in favour of one Sardar Pritam Singh for a period of 45 years. The aforesaid lease deed permitted Pritam Singh to make construction on the leased land. Sardar Pritam Singh constructed shops and kothries on the leased lands with the permission of Municipal Board, Mathura and let out the same to Respondents 4 to 10. The said respondents claimed that they are in occupation of the said shops and kothries as tenants of Sardar Pritam Singh. During currency of lease Seth Gopal Das transferred his rights in the said land in favour of the appellant by a registered sale deed dated 29-9-1965. The appellant herein filed a suit for ejectment of Sardar Pritam Singh before the judge, Small Cause Court, Mathura. The Judge, Small Cause Court decreed the suit ex parte. Pritam Singh, thereafter, moved an application under Order 9 Rule 13 CPC for setting aside the ex parte decree but the same was rejected. The revision petition against the ex parte decree filed by Sardar pritam Singh was rejected by the IIIrd Additional District Judge, Mathura. Sardar Pritam Singh, thereafter, challenged the aforesaid orders by means of a petition under Article 226 of the Constitution of India but the same was also rejected. The appellant thereafter applied to the executing court for execution of the decree passed by the Judge, Small Cause Court. In the said proceedings, the appellant filed an application under Order 21 Rule 97 CPC for removal of obstruction put up by Pritam Singh as well as by the sub- tenants. Pritam Singh as well as his tenants filed objections to the application filed by the appellant. The executing court upheld the plea of Pritam Singh. Aggrieved, the appellant filed a revision before the District Judge, Mathura. Ultimately, the revision filed by the appellant came to be decided by the IIIrd additional District Judge, Mathura, who, vide his order dated 19-2-1986, allowed the revision and set aside the orders of the executing court.;