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Allahabad High Court · body

1991 DIGILAW 1313 (ALL)

Mani Ram v. Ram Lal

1991-10-11

N.L.GANGULY

body1991
JUDGMENT N.L. Ganguly, J. - This is a Civil Revision against an order passed by VI Additional District Judge in an execution proceedings. An exparte decree was passed against Shiv Narain on the suit filed by Ram Lal, land lord. The application for setting aside the exparte decree under Order 9, Rule 13 was filled, which was rejected and the exparte decree passed for eviction of Shiv Narain became final. During the execution proceedings, Mani Ram and Dinesh Kumar obstructed for execution of the decree for possession. Objection under Section 47 of the Civil Procedure Code was filed. The learned Court below rejected the objection and recorded finding to the effect that the objector applicants failed to prove that they were in possession as a tenant. The documentary evidence of rat on card, copy of the assessment register filed on behalf of the objectors was considered by the court below and repelled the same on the ground that 'the suit was filed in the year 1986 and the decree was passed on 30.5.88, whereas the copy of the assessment register and the ration card was of latter date of the decree. The learned court below considered the evidence documentary and oral and rejected the object ion under Section 47, Cr.P.C. 2. After hearing the learned counsel for the parties, I do not find any merit for interference in the revision. Revision is rejected summarily.