SALIM BEG AND ANOTHER Vs. SMT. SAHAMIMA KHATOON AND ANOTHER
LAWS(ALL)-2017-6-57
HIGH COURT OF ALLAHABAD
Decided on June 22,2017

Salim Beg And Another Appellant
VERSUS
Smt. Sahamima Khatoon And Another Respondents

JUDGEMENT

PRADEEP KUMAR SINGH BAGHEL,J. - (1.) The petitioners have preferred this writ petition under Article 227 of the Constitution aggrieved by the order dated 04 March 2017 passed by the Civil Judge, (Senior Division) Mahoba, rejecting their objection 4 K (1) under Section 47 C.P.C. filed in Execution Case No. 49/74/2016 of the landlords and the order passed by the learned District Judge Mahoba, in Civil Revision No. Nil of 2017 summarily dismissing the revision of the petitioners.
(2.) Briefly stated facts are that the petitioners are tenants in the suit premises. The respondents-landlords filed a suit for eviction, which was registered as Small Cause Case Suit No.1 of 2008. The said suit was decreed by the Judge, Small Cause Court vide order dated 22.09.2014. The petitioners did not challenge the order of the Small Cause Court. They have filed objection under Section 47 C.P.C. before the Execution Court in the Execution Case filed by the landlord which was registered as Misc. Case No. 49/74 of 2016, and the objection filed by the petitioners was rejected by the court below vide order dated 04 March 2017. The court below held that correctness of the judgment passed in the suit cannot be assailed by the objection under Section 47 C.P.C.
(3.) Aggrieved by the said order the petitioners preferred a Civil Revision No. Nil of 2017, which has been dismissed by the learned District Judge at the admission stage itself.;


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