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1981 Supreme(SC) 11

R.S.PATHAK, R.S.SARKARIA
Sooraj Devi – Appellant
Versus
Pyare Lal – Respondent


Judgment

PATHAK, J.:- This appeal by special leave is directed against an order of the Allahabad High Court dismissing an application for "clarification" of an earlier order made by the court in a criminal proceeding.

2. The dispute in this appeal relates to a property described as house No. 24, 47, Birhana Road, Kanpur. A suit filed by the South India Trading Company against Jethmal Laxmichand was decreed and execution proceedings were taken for the attachment and sale of the aforesaid house property. The house was owned by one" Khem Raj", who died leaving a widow, Smt. Sooraj Devi (the appellant) and a son, Kailash Chandra Jain (the second respondent). The property was purchased by Pyare Lal (the first respondent). Pyare Lal obtained possession through the Civil Court Amin on 8th October, 1965, but in his absence Kailash Chandra Jain is said to have removed the lock and entered into possession. In a criminal proceeding against him on a complaint by Pyare Lal, he was ultimately convicted and sentenced by the High Court under Section 448, Indian Penal Code by an order dated 1st September, 1970, under which the High Court also directed "that house No., 24/ 47, Birhana Road, Kanpur be










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