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1977 Supreme(All) 158

YASHODANANDAN
Ganga Prasad – Appellant
Versus
Ram Saran – Respondent


Advocates:
L.P. Singh, for Applicants; Vinod Chand Misra and Prahlad Upadhyaya, for Opposite Parties.

ORDER :- This revision at the instance of the decree-holders arises out of an objection under O. 21, R. 99 of the C.P.C. (hereinafter referred to as the Code).

2. Material facts giving rise to this revision are that House No. 47/99, Hatia, Kanpur was joint property of opposite parties 2 to 5. A suit for partition of this house was filed in the court of the 1st Civil Judge, Kanpur, who had territorial jurisdiction to entertain and decide the suit. It was subsequently transferred to the court of the II Civil Judge, Kanpur who ultimately passed the decree in the suit. In that partition decree, the premises in dispute in the present proceedings, were allotted to the share of Ganga Prasad, Jamuna Prasad and Smt. Ram Kali, the applicants in the revision. They put the decree into execution and obtained delivery of possession of the property in question on the 5th April, 1969. Ram Saran, opposite party No. 1, filed an objection under O. 21, R. 100 of the Code in the court of the learned II Civil Judge, Kanpur against his dispossession from the premises in dispute on the ground that he was a person in occupation of the premises in dispute not through or on behalf of any of the judgment-debto











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