RAHMATULLAH Vs. INDRA KUMAR
LAWS(ALL)-2002-2-103
HIGH COURT OF ALLAHABAD
Decided on February 05,2002

RAHMATULLAH Appellant
VERSUS
INDRA KUMAR Respondents

JUDGEMENT

B.K. Rathi, J. - (1.) This revision has been preferred under Section 115, C.P.C. against the order dated 17.1.2002 passed by Additional District Judge, Pilibhit.
(2.) The facts giving rise to this revision in brief are as follows : "Seth Tharumal filed S.C.C. Suit No. 3 of 1981 against the revisionist for eviction and for recovery of arrears of rent. The suit was decreed on 22.11.1984. Against that decree, the present revisionist filed a revision in this Court and it is alleged that the same is still pending. In that revision, a conditional stay was granted staying the eviction of the revisionist from the premises in suit subject to the regular payment of rent. The revisionist deposited the rent till the year, 1988. Seth Tharumal who was the plaintiff also died in the year, 1988."
(3.) The present opposite parties applied for execution of the decree in the year 1992 alleging that they have succeeded the property of Seth Tharumal by registered Will dated 21.7.1985. The revisionist filed objections in the execution under Section 47, C.P.C. The said objections have been rejected by the impugned order by the learned Additional District Judge. Aggrieved by It, the present revision has been preferred.;


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