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2013 Supreme(All) 1393

S.U.KHAN
PREM CHAND – Appellant
Versus
ADITYA KUMAR – Respondent


Advocates:
Counsel :
M.D. Singh “Shekhar” and R.D. Tiwari for the Petitioner; P.K. Jain and M.K. Jain for the Respondent.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard Sri M.D. Singh Shekhar, learned senior counsel assisted by Sri R.D. Tiwari, learned counsel for the petitioner and Sri P.K. Jain, learned senior counsel assisted by Sri M.K. Jain, learned counsel for sole respondent.

2. The first order which has been challenged is dated 21.9.2012 passed by Civil Judge (J.D.) Hapur in execution case No. 30 of 1986 Dr. Aditya Kumar Sharma v. Prem Chand. Against the said order petitioner filed Civil Revision No. 43 of 2012 which was dismissed by A.D.J. Hapur on 18.4.2013, which has also been challenged through writ petition.

3. Petitioner is defendant judgment debtor and sole respondent is plaintiff decree holder. Plaintiff filed suit for eviction against defendant in the form of O.S. No. 323 of 1977 Dr. Aditya Kumar Sharma v. Prem Chand, for possession stating therein that plaintiff was landlord and defendant was his tenant over the property in dispute dimension of the property were given as 57’ X 74 ‘. Munsif Hapur decreed the suit for possession on 31.5.1986 directing the defendant to deliver possession of the land in dispute to the plaintiff after removing the construction. Appeal filed against the said order wa








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