BOOL CHAND Vs. RABIA

JUDGEMENT

(1.) Leave granted. This appeal has been preferred against judgment and order dated 17th April, 2012 of the High Court of Rajasthan at Jaipur in Civil Execution Second Appeal No.2 of 2011.

(2.) Only question for consideration is whether the High Court was justified in remanding the matter for fresh consideration of objection filed by the respondents under Order XXI Rule 97 CPC, to the execution of decree dated 17th September, 1980 in Civil Suit No.34 of 1978 in favour of the appellants.

(3.) The appellants purchased the suit property in an auction held on 11th September, 1963 under the provisions of Evacuee Interest (Separation) Act, 1951 (LXIV of 1951). The competent officer issued the sale certificate dated 8th May, 1967 in favour of the appellants. Since actual possession was not delivered in spite of sale certificate in favour of the appellants, Suit No.34 of 1978 was filed for declaration and possession against Smt. Jannat (daughter of Munir Khan) and Babu Khan (son of Munir Khan) who were in possession of the property. After trial, the suit was decreed on 17 th September, 1980. Decree was affirmed in appeal by the first appellate court on 15 th February, 1996 and by the High Court on 09th September, 2008.