PRAKASH KRISHNA
PRADEEP JAIN – Appellant
Versus
URMILA DEVI – Respondent
Hon’ble Prakash Krishna, J.—The only question mooted in the present writ petition is whether the limitation for counting the period of twelve years prescribed for execution of decree for possession would start running from the date of judgment of the trial Court or from the date of the dismissal of revision when the revision was dismissed for want of prosecution.
2. Shorn of unnecessary details, the facts which are no longer in dispute and relevant for the present purposes may be noted in brief. The original suit No. 49 of 1979 was instituted by Mukut Bihari Lal (predecessor in interest of the respondent Nos. 1 to 4 herein) against Shri Mahaveer Prasad Jain (predecessor in interest of the petitioners) and Shri Raj Bahadur Jain for recovery of arrears of rent, damages and ejectment on the allegations that the defendants were the tenant. The suit was decreed on 23.2.1980. The decree was signed on 27.2.1981. The matter was carried by the defendant in revision being revision No. 98 of 1981 which was ultimately dismissed for want of prosecution on 15th of October, 1982 and the formal order was signed on 26th November, 1982. The decree was put to execution being Execution Applica
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