SHATRUGHAN BADRI SINGH Vs. MANGE MIR SINGH

JUDGEMENT

(1.) This execution second appeal has been tiled by Shri Satrughan Appellant against the appellate order of the Additional District Judge dated 17th August, 1971 by which he dismissed the appeal and maintained the order of the Court of first instance dated 4th June, 1971 ordering the issue of warrant of possession for restitution of the property which had been delivered to the appellant before me in execution of the decree of the Court.

(2.) The material facts leading to this appeal are not much in dispute. The appellant herein filed a suit for a declaration that the grant of Bhumidari rights by the Revenue Assistant to the respondent was illegal and he sought recovery of the possession. The suit was decreed by Shri K. I. Wason, Subordinate Judge on 12th March, 1962. The first appeal against the same failed, but on second appeal, the High Court (S. N. Andley, by judgment and order dated 2nd April, 1971 in R. S. A. 125-D of 1963) held, relying upon a decision of the Supreme Court in Hatti v. Sunder Singh, (1970) 2 SCC 841 = (AIR 1971 SC 2320), that the civil Court had no jurisdiction to entertain the suit relating to Bhumidari rights and the High Court ordered the dismissal of the suit.

(3.) It was represented before the High Court that in execution of the decree of the Court below, the possession of the suit land had been taken by the plaintiff- appellant and the High Court observed that no order could be made by it in the appeal as it would be open to Mange to apply to the trial court for restitution. Eventually Mange applied to the trial court for restitution. The application was resisted on behalf of the appellant herein and the Court rejected the objections of the appellant and ordered restitution. The appeal against the same failed before the Additional District Judge.