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1998 Supreme(SC) 1161

M.SRINIVASAN, V.N.KHARE
SURESH CHAND JAIN – Appellant
Versus
IIIRD ADDL. DISTRICT JUDGE, MATHURA – Respondent


( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against the order and judgment dated 17-4-1997, passed by the Allahabad High Court whereby the writ petition filed by respondents 4 to 10 herein was allowed and the executing court was directed to dispose of the objections of the said respondents under Order 21 Rule 98 cpc.

( 3 ) THE brief facts giving rise to this appeal are as under: on 9-5-1947, one Seth Bhagwan Das executed a lease in respect of a vacant piece of land in favour of one Sardar Pritam Singh for a period of 45 years. The aforesaid lease deed permitted Pritam Singh to make construction on the leased land. Sardar Pritam Singh constructed shops and kothries on the leased lands with the permission of Municipal Board, Mathura and let out the same to Respondents 4 to 10. The said respondents claimed that they are in occupation of the said shops and kothries as tenants of Sardar Pritam Singh. During currency of lease Seth Gopal Das transferred his rights in the said land in favour of the appellant by a registered sale deed dated 29-9-1965. The appellant herein filed a suit for ejectment of Sardar Pritam Singh before the judge, Small Cause Court, Mathura. The Judge, Small




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