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1990 Supreme(P&H) 141

G.R.MAJITHIA
Amir Chand – Appellant
Versus
Chuni Lal – Respondent


Judgment

1. This Execution Second Appeal is directed against the order of the First Appellate Court which on appeal affirmed that of the executing court dismissing the objections under O.21, R.100, C.P.C.

2. The facts :

A tablea now described as a shop situated in Purani Sabzi Mandi, Jagadhari was mortgaged by Shri Jagdish Raj, Advocate predecessor-in-interest of the petitioner and respondents Nos. 2 and 3 with Smt. Gian Bala. The mortgage was redeemed and a final decree for redemption was passed by the civil court on Oct. 25, 1972. The premises were in possession of respondent No. 1 Chuni Lal tenant (for short the tenant). In execution of the decree for redemption, the tenant was evicted and the possession was delivered to the petitioner and pro forma respondents Nos. 2 and 3. The tenant filed an application under O.21, R.100, C.P.C. for restoration of the possession of the property. It was accepted vide order dated April 14, 1976 of Subordinate Judge, Jagadhari. The petitioner and respondents Nos. 2 and 3 were directed to restore possession to the tenant. The order was not complied with. The petitioner and respondents Nos. 2 and 3 filed a civil suit for permanent injunction restra






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