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1971 Supreme(Del) 18

B.C.MISRA, T.V.R.TATACHARI, S.N.SHANKAR
SARUP SINGH – Appellant
Versus
DARYODHAN SINGH – Respondent


Advocates Appeared:
Charanjit Singh, M.S.SAWHNEY, Manjit Singh

B. C. MISRA

( 1 ) THIS revision petition has been filed under section 115 of the Code of Civil Procedure by the defendant-judgment-debtor and is. directed against the order of the Subordinate Judge 1st Class Delhi, dated 24th October, 1969 by which the learned Judge has ordered the issue of a warrant of delivery of possession immovable property in execution of a decree for mandatory injunction. The question raised in the revision is whether the issue of such a warrant in the circumstances of the case is within the jurisdiction of the Court and this question was considered to be of sufficient importance by one of us and has been REFERRED TO the Full Bench for decision.

( 2 ) THE material facts of the case are that the respondent is the landlord (though not the owner) of the piece of land in dispute situated at Jhande Walan, Paharganj, Delhi, where a workshop containing a motor-machinery with electric power owned by the respondent has been installed. It appears that the respondent gave a licence to the petitioner to use the said workshop for a consideration of Rs. 100. 00 per month which was subsequently revoked. On 6th September, 1967, the respondent filed a suit against the petition

























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