SHIV CHARAN DIN DAYAL JAIN Vs. MOHAN LAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Additional Senior Sub-Judge, Delhi in RCA No. 238 /1983, which appear arose from the judgment and order dated 18th March, 1983 of Sub-Judge, Delhi, whereby the Court accepted the objections of the judgment-debtor and dismissed the execution petition on the finding that it had been fully satisfied.

(2.) The brief facts of the case as noted by the Additional District Judge are as follows:

(3.) The Appellate Court noted that there we're certain irregularities inasmuch as the decree sought to be executed was a decree for permanent and mandatory injunction regarding the user of Atta Chakhi, power connection and for entrustment of the machine back to the Decree-holder. The Decree-holder merely prayed for entrusting back the Atta Chakhi. In the execution application, the Decree-holder prayed for the execution of the permanent and mandatory injunction. There was no question of recovery of any amount towards damages. As soon as the possession of the Atta Chakhi itself was entrusted back to the Decree-holder, there could be no further occasion for violating the decree for permanent injunction which restrained the respondent/judgment-debtor from using the Chakhi or from using the power connection for the Chakhi. Therefore, the entire decree stood satisfied on the delivery of the Chakhi back to the Decree-holder. The Appellate Court declined that part of the order where a sum of Rs. 5,230/- for unauthorised use of the Chakhi and a sum of Rs. 100/- per month was ordered by the Executing Court.