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1965 Supreme(All) 333

SATISH CHANDRA
Sheikh Rahim Bux – Appellant
Versus
Raghunandan Lal D. H. O. P – Respondent


Advocates appeared:
S.P. Gupta, Advocate, For the Appellant / A.K. Kirty, Advocate, For the Respondent

JUDGMENT

Satish Chandra, J. - This appeal is by the judgment-debtor. Both the courts below have dismissed his objection under Sec. 47, C. P. C.

2. One Jagdish Saran filed a suit (No. 336 of 1942) in the Court of the Munsif, for possession by demolition of the constructions and damages against the judgment-debtor appellant. This suit was ultimately decreed on 30th April 1946. The judgment-debtor filed a second appeal in this Court which was ultimately declared to have abated by an order dated 14-9-1950. Jagdish Saran having died, Raghunandan Lal, his brother, applied for execution of the decree on 17-12-1951. This was Execution Case No. 13 of 1954. The District Judge by an order dated 27-10-1953 transferred the execution case to the Civil Judge for disposal.

3. It appears that one Ramzani claimed ownership of the constructions. He filed suit No. 240 of 1951 for an injunction against the decree-holder that his decree in suit No. 336 of 1942 was not executable. One Chhuttan also claimed title in the land and he brought suit No. 172 of 1950 against the decree-holder, Raghunandan Lal, for a similar injunction. Both these suits were decreed and an injunction was issued against Raghunandan

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