J.V. Gupta, J. - (1.) This revision petition is directed against the order of the Executing Court dated 8th June, 1987 whereby the objection petition filed on behalf of the third persons i. e. objectors who claimed themselves to be the sub tenants was accepted.
(2.) It is a case where a preliminary decree in a suit for partition was passed on 11th May, 1958 and regular first appeal was dismissed in this Court on 27th January, 1964. Subsequent thereto final decree was passed on 31st January, 1968 but in spite of that the decree-holder has not been able to get the actual physical possession of the property partitioned and allotted to him.
(3.) The present objections were filed primarily on the ground that they were sub-tenants under Walaiti Ram and Kharaiti Ram landlords and, therefore, they being sub tenants were entitled to continue in possession till they are evicted in accordance with law. According to them the decree-holder was only entitled to the symbolic possession. The stand taken by the decree-holder was that the objections filed by Walaiti Ram and Kharaiti Ram have already been dismissed and therefore, the present objectors who claimed through them have no better right or interest in the property and their objection petition was liable to be dismissed on this ground alone.;