MAHTABUN NISA BIBI Vs. AFZAL AHMAD

JUDGEMENT

(1.) This is an application in revision against an order passed by the 2nd Addl. Munsif, Allahabad, in execution proceedings.

(2.) A decree for possession under Section 9 of the Specific Relief Act was passed in favour of the applicant and it was put into execution. Possession on the land which was the subject of dispute under Section 9 of the Specific Relief Act was delivered to the decree-holder. After the possession had been delivered an application was made by the judgment debtor for the restoration of the land on which possession had been delivered to the decree-holder on two grounds. Firstly, it was contended that no formal decree had been framed by the time the application for execution was made or possession delivered and secondly it was urged that the decree-holder was not entitled to put his decree in to execution as it related to agricultural land and the application was made in the month of November, 1949. Reliance was placed on the provisions of Section 182 of the U.P. Tenancy Act in support of the second contention. The learned Munsif accepted the contention raised on behalf of the judgment-debtor and allowed the objection of the judgment-debtor. It is against this order of the learned Munsif that the applicant decree-holder has come up in revision.

(3.) The first point which has been raised in arguments on behalf of the opposite party is that Section 182 of the UP Tenancy Act applied to decrees passed by civil courts also in respect of agricultural land. Section 182(1) of the UP Tenancy Act is as follows: