Yatindra Singh - (1.) THE only question involved in this appeal at this stage is, Whether an appeal or a revision is maintainable against the order passed in execution of ejectment decree passed by the court of Small Causes on the objection filed by a third party. It arises on the following facts.
(2.) THE pedigree of Wahid (the Appellant), without the unnecessary names, is as follows : Nabi Bux and other heirs of Rahim Bux filed O.S. No. 118 of 1983 for declaration that they alongwith Mohd. Umar (who was also arrayed as defendant in this suit) were owners of the property in dispute. In this suit the other defendants were, Ahmed son of Chunni, Sita Ram, Ram Jiwan Lal Mishra, and Mohd. Anwar. This suit was dismissed for non-prosecution on 12.2.1999. No proceeding for recalling this order or any further proceeding were taken in this suit. Mohd. Anwar, (the defendant in O.S. 118 of 1983) (the plaintiff-respondent) filed J.S.C.C. Suit No. 6 of 2000 against Rasoole son of Mohd. Umar (the judgment debtor) with the following allegations : (i) The plaintiff is the owner and landlord of the property in dispute on the basis of the sale-deed dated 26.11.1980 executed by Ram Jiwan Lal Misra (one of the defendants in O.S. No. 118 of 1983); (ii) Ahmad son of Chunni (one of the defendants in O.S. No. 118 of 1983) was tenant and he has illegally sub-let the premises to Rasoole. On these allegations, he claimed decree for ejectment.
(3.) J.S.C.C. Suit No. 6 of 2000 was decreed ex parte on 30.4.2001. The plaintiff-respondent filed an application to execute the decree. It was numbered as Execution Case No. 13 of 2001. In this Execution Nabi Bux (one of the plaintiff in O.S. No. 118 of 1983) filed objection in 2003. During pendency of this objection, Nabi Bux also filed O.S. No. 406 of 2003 for declaration that he is owner of the property in dispute. This suit is still pending. The executing court dismissed the objection filed by Nabi Bux on 19.10.2004. Nabi Bux filed W.P. No. 49116 of 2004 before this Court. It was dismissed on 24.5.2006. Against this order, he filed S.L.P. No. 14477 of 2006 before the Supreme Court. It was also dismissed on 24.9.2007.;