ABDUL RASID KHAN Vs. SK RAHIMTULLA

JUDGEMENT

(1.) Both the revisions have been filed against the same order. In C. R. 509/78 the prayer is in a concise form and this has been clearly stated in C. R. 510/78. Both the revisions are the same, the latter being in a clarified form only. So, both the revisions are considered to be one.

(2.) The petitioner filed an application under Section 151 of the Civil P. C. in an execution case. The said petition has been rejected and as against that order the revision has been preferred. The decree-holders in O. S. No. 48/71-I, which was instituted on 11-5-1971 and finally disposed of on 22-6-1976, are executing the decree. The decree directs opposite party No. 6 to deliver vacant possession of the suit premises, failing which he is to be evicted through the process of Court. In that execution case, the present petitioner filed petitions under Section 151, Civil P. C. which have been rejected.

(3.) In O. S. No. 48/71-1, the petitioner filed a petition to be added as a party, but the said petition was rejected. The matter was carried by him to this Court, but to no effect. Thereafter, he instituted O. S. No. 96/73-1 for declaration that he is the real purchaser of 'Kha' schedule property by virtue of sale-deed dated 10-8-1970 and opposite party No. 6 is only a Benamidar and that he is not bound by the decision in O. S. No. 48/71-1. A declaration has been made in that suit that the transaction under Ext. I is Benami and the present petitioner is the owner of the property and is not bound by the decision in O. S. No. 48/71-1. He now claims to be in possession of the suit house stating that opposite party No. 6 has no concern in it and since the decree-holders are trying to evict him, he has prayed for restraining the process-server from delivering possession of the' same to the decree-holders,