Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties.

2. Babu Lal (who died on 5.7.1984) filed suit for eviction and recovery of arrears of rent against tenant Dharam Das in the form of O.S. No. 857 of 1966. The suit was decreed on 17.4.1969. Against the said judgment and decree, Dharam Das filed Civil Appeal No. 48 of 1969, which was allowed on 10.3.1971. Against the said judgment and decree of the lower appellate Court, Babu Lal filed Second Appeal No. 2067 of 1971, which was allowed on 19.12.1978, judgment and decree passed by lower appellate Court was set aside and judgment and decree passed by the trial Court dated 17.4.1969 decreeing the suit of Babu Lal was restored.

3. Property in dispute is a shop having an area of about 50 square yard. The rent is Rs. 5/- per month.

4. On 17.8.1984 execution case No. 11 of 1984 for execution of decree passed in second appeal was filed purporting to be on behalf of Babu Lal, who had, in fact, died on 5.7.1984. On the same day, i.e. 13.8.1984, an amendment application was filed by respondent No. 3-Jagdish Saran (brother of Babu Lal) in the execution case for being added as applicant No. 1/1 claiming that decree had been assigned