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4. Whether the respondent/plaintiff can seek possession from the appellant on the basis of judgment and decree dated 01.03.2006 Ex.P-4 and P-5?"

Only material issue is issue No.3. The Court of first instance recorded a finding that earlier the plaintiff had filed a suit against defendant No.1, who was in possession of the suit land and was not paying the share of produce. Sub Divisional Magistrate, Sultanpur Lodhi, passed the ejectment order and in execution of the same, possession was delivered to the plaintiff. Admittedly, the ejectment order is on record as Ex.P4. The Court of first instance has also recorded a finding that as per the ejectment order, defendant No.1 was also directed to pay 1/3rd share of the produce to plaintiff. The suit of the plaintiff has been decreed by the revenue Court and it is nowhere mentioned that ejectment is declined. Rather execution was filed, warrant of possession was issued and possession was delivered to the plaintiff. Entry with regard to change of possession has also been made in the khasra girdawari for the year 2009-10.