S.C.AGARWAL
MOHD. ALEEM – Appellant
Versus
MAQSOOD ALAM – Respondent
S. C. AGRAWAL, J.
( 1 ) THIS revision is directed against the order dt. 11th Oct. 1984 passed by the Additional Civil Judge No. 1, Kota, in Execution Petition No. 28/83 whereby the Additional Civil Judge rejected the objections submitted by the petitioner and Mohammad Salim non-petitioner 4 against the petition filed by non-petitioners 1, 2 and 3 for execution of a decree passed by this Court in favour of Khurshid Alam (deceased ). The non-petitioners 1, 2 and 3 are the heirs and the legal representatives of Khurshid Alam.
( 2 ) KHURSHID Alam had filed a suit (Civil Suit No. 173/62) against his step mother, Smt. Fatima Begum, and his brother, Mazhar Ali, for the recovery of possession of a house situated in Ladpura, Kota City on the basis of a gift made in his favour by his grandfather, Madar Ali. The said suit was also for taking account of the mesne profits of the house from the date of the suit till the date of the delivery of the possession. In the said suit a decree for eviction was passed by the Civil Judge, Kota, in favour of Khurshid Alam and against Smt. Fatima Begum on 9th July, 1958. The Civil Judge also passed a decree for mesne profits from the date of the sui
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