YASHPAL SINGH Vs. BHAGWANA

JUDGEMENT

(1.) THIS revision petition has been preferred against an order dated 3.2.1987 of Senior Sub Judge, Delhi whereby he allowed an appeal against an order dated 8.9.1986 of learned Executing Court dismissing an execution application observing that the decree could not be executed.

(2.) BRIEF facts necessary for disposal of the revision petition are that the three brothers i.e. Shri Bhagwana, Shri Rattan and Shri Hira were joint bhumidars and co-owners of 90 bigha and 12 biswa of land situated in the revenue estate of village Tikri Kalan, Delhi. Shri Hira sold his 1/3rd undivided share in the joint holding to S/Shri Yashpal Singh, Dharampal Singh and Mahipal Singh vide a registered sale deed in their favour. Mutation with respect this 1/3rd share sold by Shri Hira in favour of vendees was sanctioned on 21.7.1973.

(3.) IN the meantime, the suit for injunction pending before the Court of Sub Judge was decreed in favour of Shri Bhagwana and Shri Rattan on 24.9.1979. The learned Sub Judge also held that the sale deed was in violation of provisions of Delhi Land Reforms Act, 1954 so it was ineffective. He passed a decree of injunction that the plaintiffs (Shri Bhagwana and Shri Rattan) be not dispossessed from the land in question. However, the land i.e. different khasra numbers as mentioned in the suit, was not in existence or in possession of plaintiffs at the time of passing decree. The plaintiffs (respondent no. 1 & 2 herein) had not taken steps to file an amendment application before the Court of Sub Judge for bringing the change in events on record and to modify the plaint so as to bring on record the Consolidation proceedings as undertaken by the Consolidation Officer. Neither the fact of filing a revision by the respondents against order of Consolidation Officer, was brought on record. An appeal was preferred by the present petitioner and his brothers i.e. vendees against the order dated 24.9.1979 of Sub Judge being RCA No. 42/1981, but this appeal was later on withdrawn on 23.2.1983. After withdrawal of this appeal, Shri Bhagwana filed an execution petition no. 15/83. By this execution petition he prayed that the land allotted to the present petitioner in consolidation proceedings should not have possessed by the vendees and should have been allowed to be occupied by himself (Shri Bhagwana) and Shri Rattan. Since the vendees had taken possession of the plots after consolidation proceedings, the decree holder were liable to be restored possession of these plots and the petitioner, if did not restore the possession should be dealt with in accordance with Order 22 Rule 32 CPC and should be detained in prison.