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2001 Supreme(Jhk) 13

GURUSHARAN SHARMA
ROOP JAIN – Appellant
Versus
SRIKANT PRASAD VERMA – Respondent


Advocates Appeared:
DEVI PRASAD, L.K.Lal, P.K.PRASAD

Judgment :

GURUSHARAN SHARMA, J.

( 1 ) HEARD the parties, perused counter affidavit and with their consent this revision application is disposed of at the admission stage. Tilte suit No. 1 of 1970 was filed by petitioner for eviction of opposite party No. 2 from the suit premises, detailed in schedule A to the plaint which was decreed on 21. 4. 1977. Title Appeal No. 46 of 1977 as well as S. A. No. 1 of 1983 (R) filed by the opposite party No. 2 were also dismissed and s. L. P. in the Apex Court was also not entertained. Petitioner levied Execution Case No. 3 of 1977. It was alleged that on 3. 1. 1984 opposite party No. 2 executed a lease deed in favour of Nagendra Prasad Verma, father of present opposite party No. 1, but opposite party No. 2 denied it and asserted that such lease, if any, was forged and fabricated. Opposite party no. 2 filed objection under Section 47 of the Code of Civil Procedure in the said execution proceeding, which was rejected on 4. 2. 2000/8. 5. 2000. C. R. No. 228 of 2000 (R) filed in this Court by opposite party no. 2 was also dismissed on 31. 8. 2000. Thereafter on 1. 9. 2000 opposite party No. 1 filed a petition (Annexure 8), purporting to be under ord




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