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4. The question that requires determination is whether any person other than the judgment-debtor can file an objection petition under R. 97 of O. 21 on the ground that he is not liable to ejectment in execution of a decree obtained by a decree-holder against the judgment-debtor. In order to determine the question, it will be necessary to read O. 21, Rr. 97 and 99, of Civil P. C. (hereinafter referred to as the Code), which are as under:--

"97. Resistance or obstruction to possession of immovable property--(1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the Court complaining of such resistance or obstruction.

(2) Where any such application is made, the Court shall proceed to adjudicate upon the application in accordance with the provisions herein contained".

From a bare reading of the aforesaid Rules, it is clear that if a decree-holder is resisted or obstructed by any person in obtaining possession of the property, he can make an application under R. 97 complaining of the resistance or obstruction. The person causing resistance or obstruction is not entitled under that rule to make an application. However, if the decree-holder makes the necessary application, the person causing the resistance or obstruction is entitled to defend his conduct. In other words at that stage he is entitled to be in defensive but cannot take an offensive step. In case he wants to take such a step he can do so under R. 99 but after surrendering possession. The Rule has been framed to protect the decree-holder from frivolous claims by third persons. All questions arising between the parties to the proceedings, on an application under R.97 or R. 99 and relevant to the adjudication of the application are now required to be determined by the Court dealing with the application. However, if the person in possession wants to raise any dispute before surrendering possession, he can do so by filing a suit for declaration of his title to the property. During the pendency of the suit, he can protect his possession by making an application for temporary injunction. The Court will dispose of the application on merits and grant relief of temporary injunction if the plaintiff is able to establish prima facie strong case in his favour. Therefore, we are of the opinion that any person other than the judgment-debtor cannot file an objection petition under R. 97 on the ground that he is not liable to ejectment in execution of a decree obtained by the decree-holder against the judgment-debtor.