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1983 Supreme(Raj) 197

M.C.JAIN
Ganga Ram – Appellant
Versus
Devi Singh – Respondent


Advocates:
Appearance :
M.C. Bhoot, for the Appellant
P.C. Tatia, for the Respondents

Judgment

M.C. Jain, J.-This revision is directed against the order dated 31-3-1981, passed by the Munsif City, Jodhpur, in execution case No. 103 of 1979, whereby the petitioner’s application under Section 151, CPC, dated 4-10-1980 was rejected and it was ordered that warrant of possession be issued against the judgment-debtor in compliance of the Court’s previous order dated 3-10-1980.

2. I may state a few relevant facts giving rise to the present revision petition.

.3. The decree-holder Devi Singh had obtained a decree for arrears of rent and ejectment against the judgment-debtor Shyam Sunder from the disputed premises on 29-11-1978 in Civil Original Suit No. 97 of 1978. The execution application was submitted by the decree-holder, in which warrant of possession was issued. The warrant of possession returned unexecuted and on 28-1-1980, the Sale Ameen reported that the judg-ment-debtor was not found at the spot. Gangaram, the present petitioner and one Mohatilal were found at the spot, to whom the warrant of possession was read over and they were asked to hand over vacant possession, but they refused and they stated that they are not bound by the decree and there is none thereby




















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