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1970 Supreme(All) 162

G. D. SAHGAL
Brij Kishore Tewari – Appellant
Versus
G. H. Jafri and Abdul Haleem – Respondent


Advocates appeared:
Sri M.M. Lal, For the Appellant / Sri Badre Habib Siddiqui, for the opposite party

JUDGMENT

G.D. Sahgal, J. - The applicant along with another obtained a decree for sale of a certain house property against opposite party No. 2. The property was put up for sale and the applicant-alone, among the degree-holders, purchased that property. After having purchased the property as auction purchaser he moved an application under 21 Rule 95 of the Code of Civil Procedure stating that the judgment-debtor was in possession of the property through one Sri G.H. Jafri opposite party No. 1 who was to be removed from possession of that property. This application was moved on the 27th of May, 1966. On the 3rd of October, 1966, the court ordered that delivery of possession be made by putting the applicant in possession and a warrant for delivery of possession was issued for that purpose Before the warrant could be executed, however opposite party No. 1 G H Jafri came to court and moved an application before it praying that he being the tenant of the premises the order for actual delivery of possession be recalled and the applicant directed to apply for symbolic possession. An objection was filed by the applicant auction purchaser against this application of opposite party No. 1 and

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