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1999 Supreme(SC) 480

S.RAJENDRA BABU, B.N.KIRPAL
Jagadish Dutt – Appellant
Versus
Dharam Pal – Respondent


Judgment

Rajendra Babu, J.-A suit for ejectment was instituted by the appellants on the grounds of arrears of rent and sub-letting by Dharam Pal (Respondent No. 1) and Sat Pal (Respondent No. 2). The suit was decreed by the trial Court on March 31, 1987. Appeal against that decree, second appeal thereafter and further special leave petition to this Court against the decree in second appeal stood dismissed. The appellants herein levied execution on February 5, 1991 and certain objections thereto were raised that Judgment Debtor No. 1 was unneces­sarily arrayed as a party in the proceedings and he was not in posses­sion of the disputed premises. Judgment Debtor No. 2 claimed that he was a tenant in respect of the shop in question and his tenancy was not terminated in accordance with law. This contention was belied by the finding recorded by the High Court in second appeal that the said Sat Pal (Respondent No. 2) was not a tenant but a trespasser of the shop. Hence the objections were overruled. Against that order a revision petition was filed which was also dismissed, of course, granting some time to vacate the premises subject to certain condi­tions.

2. In the execution petition respo








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