- (1.) Smt. Vidyawati Gupta, who was the owner and landlady of House No.17/25 Hemilton road, Allahabad filed Suit No.93/79 for eviction and recovery of arrears of rent against the Executive Engineer, Investigation and Planning Division of State of Uttar Pradesh. There was an office of Executive Engineer in the premises. Sri M.A. Majid was posted as Executive Engineer and was living in a portion of the premises and he was also made a party in the Suit. the Suit was decreed on 13-4-1982, that decree has been put to execution by Smt. Vidyawati Gupta, who has since died on 15-12-1982. However the execution is being prosecuted by respondent No.1 Sri Rajesh Pandey. He claims that Smt. Vidyawati Gupta left smt. Meera Gupta and Sri Rakesh Gupta as her heirs; that Smt. Meera Gupta and Sri Rakesh Gupta executed the power of attorney in his favour to execute the decree. Therefore, he is entitled to execute the decree and has filed general power of attorney executed in his favour.
(2.) The present revisionists filed objections in the execution, which were treated as objections under S. 47 C.P.C. They allege that they have purchased the property from Smt. Meera Gupta and Sri Rakesh Gupta, heirs of Smt. Vidyawati Gupta, that therefore the decree cannot be executed by Smt. Vidyawati Gupta or by her general power of attorney holder. It was further pleaded that Smt. Vidyawati Gupta died on 15-12-1982 whose heirs have not been impleaded and therefore the execution cannot proceed; that there is no general power of attorney in favour of the opposite party No.2 to execute the decree.
(3.) The learned Addl. District Judge, before whom the execution is pending considered the objections. She has held that paragraph 18 of the general power of attorney of Meera Gupta and Rakesh Gupta authorise opposite party No. 2 to execute the decree. Therefore, Rajesh Pandey, opposite party No.2 is entitled to execute the decree. The learned Addl. District Judge, therefore, has rejected the objections of the revisionists by order, dated 29-2-2000. Aggrieved by it, the present revision has been filed.;