- (1.) A decree of the year 1953 for recovery of possession of a house passed in original suit of 1948 is under execution. The objections of the petitioners under section 47 of the C.P.C. were rejected and the order has been affirmed by the Revisional Court leading to the filing of this writ petition. The factual matrix of the case leading to this writ petition is summarised herein under for deciding the controversy raised.
(2.) One Badli Ram Agrahari was the owner and in adverse possession of two houses which have acquired the shape of one house. He gifted the said house to his daughter Mst. Devi Kullan by means of gift deed dated 22.11.1928 and provided that after her it will go to her son Mata Prasad.
(3.) Babu Nandan Lal and Hira Lal purchased the aforesaid house from the successors of Badli Ram Agrahari vide sale-deed dated 16.5.1948.;