A's agricultural land was occupied by Mrs B unlawfully. A filed civil suit for possession of the said land. The lower court decreed in favour of A. During the pendency of the suit in lower court Mrs B dies. Mrs B's legal heirs went in appeal in Sessions court and then to the High Courts. Both the appellate courts dismissed appeals by legal heirs of Mrs B. They then tried their luck by appealing to Supreme Court, where the appeal was not admitted and hence dismissed. A filed execution proceedings in the lower court. Here one lady, one of the legal heirs of Mrs B objected the execution of the decree on the ground that she is still in possession of the land in question and that she was not arrayed in the original suit. In fact summons were issued by the lower court at the time of original suit but since no one turned up, the lower court deleted her name. The lower court dismissed the objections of the lady who is one of the legal heirs of Mrs. B. The lady had gone in appeal in Addition Distt Court against the lower courts decision for execution.
Now please let me know what is the best defence for A. The case is of Maharashtra.
