( 1 ) BEING aggrieved by the order dated 31st December 1996, passed by the learned Judge of the City Civil Court at Ahmedabad, allowing respondents (judgment-creditor) application (Exh. 53) and issuing possession warrant directing the appellant-third party to hand over the peaceful and vacant possession of two rooms and open chowk land on the ground floor and whole of the first floor of the building called "vijay Villa" situated to the East of Maninagar railway Crossing and near the Vandana Park Society, in Ahmedabad (hereinafter referred to as the suit premises) owned by deceased Dr. Patrick Motilal Kelly - the judgment-debtor to the Court Commissioner; and rejecting the obstruction application (Exh. 49) preferred by the appellant in Execution Petition No. 495 of 1994, the appellant has preferred this appeal under Rule 103 Order 21 read with s. 96 of the Civil Procedure Code. The chequered history may be stated so as to appreciate the rival contentions.

( 2 ) DR. Patrick Motilal Kelly was the owner of the building called "vijay Villa". He, having no issue, was alone after he lost his wife. In 1990, he agreed to sell his building called "vijay Villa" to the present