- (1.) HEARD Sri N.B. Nigam, learned counsel for petitioner at length and perused the record.
(2.) WRIT petition is directed against the order dated 7.5.1994 passed by Munsif, Jhansi in Misc. Case No. 36 of 1989 and order dated 4.2.1997 of 4th Addl. District Judge in Civil Revision No. 103 of of 1994. Learned counsel for petitioner submitted that in execution of decree dated 24.5.1972 in Original Suit No. 989 of 1967 in which petitioner was not a party, no execution could have been made against petitioner in respect to the premises in question. The Court below was bound to determine the right of parties under Order 21 Rule 97 read with Rule 101 C.P.C. and matter could not have proceeded under order 21 Rule 35 C.P.C. It appears that there was a house no. 14 situated at Old Najhai, Jhansi owned by one Babu Lal Sahu. He had two wives namely Smt. Durga and Smt. Sooraj. From Smt. Durga he had three sons namely Janki Prasad, Mathura Prasad and Ramesh and from second wife, namely, Smt. Sooraj, he had three sons namely Ram Bharose, Nathu Ram and Ram Kishan. House no. 14 came to be divided amongst sons of two wives to the extent of 1/2.
(3.) HALF of the portion came to be owned by Janki Prasad, Mathura Prasad and Ramesh which was the southern portion of house no. 14 and the northern portion came in share of Ram Bharose, Nathu Ram and Ram Kishan. For the convenience, the parties numbered the southern portion as 14-A and northern portion as 14-B. A dispute arose with respect to possession of 14-B wherein some persons namely Sita Ram, Brij Kishore and Ram Sewak claimed to have got sale deed executed in their favour and matter came in Original Suit no. 989 of 1967. The suit was filed by Sri Ram Bharose and Nathu Ram seeking following reliefs: ...[VERNACULAR TEXT OMITTED]... ;