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1981 Supreme(All) 144

R.S.SINGH
BANS RAJ SINGH – Appellant
Versus
KRISHNA CHANDRA – Respondent


Advocates Appeared:
H.N.Sharma, R.N.Singh, S.N.AGARWAL, V.K.S.Chaudhary

R. S. SINGH, J.

( 1 ) THIS is one of the oldest cases of this State which has come before this Court in second round. Original suit was filed in the year 1933 which was disposed of by this Court in first appeal on 11-8-1976. Thereafter execution proceedings started which were dismissed by the Additional civil Judge, Bulandshahr on 31-3-1978. The decree-holders have challenged the order of the additional Civil Judge in revision before this Court.

( 2 ) THE facts of the case in brief, are that the decree sought to be executed which was finally passed by this Court in first appeal is for possession over the vacant land and also over the constructed portions after demolishing the constructions. The decree is also for mesne profits from the date of the decree in the suit. Soon after the passing of this decree by this Court one of the decree-holders Sri Shiv Raj Singh sold his share in the properties in dispute in favour of Smt. Rajni Singh, wife of Sri Suresh. Chandra Singh, one of the judgment-debtors. The decree was put in execution by Dharam Raj Singh on behalf of all the decree-holders for the benefit of all of them. Two objections were filed against the execution of the decree, one



























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