Code of Civil Procedure, 1908–Order 21, Rule 97 & Sec. 47–Execution Court allowed the application u/s. 47 and dismissed the execution petition–Revision against–Dismissed by the High Court–Justification–Respondent nos. 1 & 2 respectively are nephews of the vendors and claimed to have come into the possession of the suit property in the year 1983 when the suit was first instituted by the appellants–They were impleaded in the original suit as the defendant nos. 3 & 4–They did not choose to contest the suit and did not appear even before the High Court and this Court–They were aware about the execution petition–They failed to produce any documentary evidence as regards their claim of being cultivating tenants, even at the stage of their application u/s. 47–They filed for registration of their names in the cultivation account of the suit property only in the year 2008 and prayed for retrospective inclusion of their names from 1974–It cannot be said that they are bona fide cultivating tenants of the suit property–High Court committed egregious error in passing the impugned order.
