- (1.) This is a revision petition filed by Ram Sarup and others against the judgment of the learned Executing Court, who accepted the objections filed by Darshan Dayal and held that the ejectment order obtained by Hem Raj was not executable.
(2.) Hem Raj filed an ejectment application against Kasturi Lal. It was allowed in the 3rd of April, 1969 and orders of ejectment were passed. Hem Raj filed execution proceedings. He died during their pendency. Darshan Dayal, objector, made an application that the legal representatives of deceased Hem Raj be brought on record. The legal representatives did not make an application for substitution of their names in the execution application. The same was dismissed. The objection petition filed by Darshan Dayal was also dismissed.
(3.) On the 12th of September, 1973, Ram Sarup and others filed an application for the execution of the ejectment orders obtained by Hem Raj. Darshan Dayal again filed an objection petition on the 13th of September, 1973 before the Executing Court, claiming that he was in possession of the demised Premises as a tenant under Hem Raj at the rate of Rs. 40/- per month from May, 1966. The judgment-debtor (Kasturi Lal) was never a tenant in the shop in dispute and he had never remained in possession of the roof The objector had not been made a party to the ejectment proceedings and the ejectment order was obtained by collusion. He also contended that Ram Sarup and others were not legal representatives of the deceased decree-holder. The legal representatives raised objections to the maintainability of the objection petition itself. They averred that Darshan Dayal was still in possession of the demised premises and as such he could not file any objection. They also urged that the ejectment order was not collusive.;