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1976 Supreme(Del) 50

B.C.MISRA
MAHABIR PERSHAD – Appellant
Versus
DELHI TRADERS – Respondent


Advocates Appeared:
M.M.KALRA, R.L.Kohli

B. C. Misra, J.

( 1 ) THIS revision petition has been filed under section 115 of the Code of Civil Procedure by the decree-holder against the order of the court below dated 22nd January, 1969, by which the court has allowed the objection of respondents 3 to 11 against of delivery of possession.

( 2 ) THE material facts of the case are that the decree-holder petitioner before me on 29th September, 1966 obtained a decree for possession of the land in dispute from respondent Nos. 1 and 2 who were judgment debtors. The decree-holder then made an application for execution of the decree and issuance of warrant of possession. In this application he mentioned that respondents 3 to 11 were holding the property on behalf of the judgment-debtors and were, therefore, bound by the decree for possession. The execution court issued notices to the said respondents, who raised objections that they were not holding possession on behalf of the judgment-debtors and so were not bound by the decree and were not liable to dispossession in execution of the decree. These objections of respondents 3 to 11 have prevailed with the court below and the execution application of the petitioner has been dismissed.






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