MOHD AYUB Vs. MOHD ABDUL LATEEF KHAN

JUDGEMENT

(1.) This revision petition is filed by the respondent in the E.P.No.5 of 2005 in O.P. No. 1115 of 2001, aggrieved by the order passed by the Special Tribunal, which ordered issuance of warrant for delivery of the possession of the suit schedule property in accordance with the order passed in the main O.P.

(2.) The grievance of the petitioner is that the execution petition is not maintainable as the Tribunal has no jurisdiction to execute the order passed by the Special Tribunal under Order XXI CPC, as the procedure for giving effect to the orders of the Special Tribunal are provided under the A.P. Land Grabbing (Prohibition) Rules 1988 (hereinafter referred to as 'the Rules'). According to the petitioner, the Special Tribunal shall communicate its order to the parties as well as to the Revenue Divisional Officer concerned, and if an order is passed in favour of the petitioner, who sought for recovery of possession by eviction of the respondent, the Revenue Divisional Officer is obligated to give effect to the said order, as is contemplated under Rule 15 of the Rules, and therefore, in view of the specific provision provided under the Rules, the execution petition filed under Order XXI, Rule 35 CPC is not maintainable and therefore, the same is liable to be set aside. According to the petitioner, though such an objection is raised before the Tribunal, the Tribunal over-ruled the same and ordered for issuance of warrant for effecting delivery of the possession of the suit schedule property. Therefore, the present revision petition is filed questioning the same.

(3.) The learned Counsel for the Respondents, on the other hand, sought to sustain the impugned order. It is contended by the learned Counsel that there is no express bar or prohibition from filing execution petition before the Special Tribunal, which passed the order in favour of the petitioner, who filed the petition under the A.P. Land Grabbing (Pro) Act (hereinafter referred to as 'the Act') seeking recovery of possession. It is contended by the learned Counsel that in terms of Section 7A of the Act, the provisions of CPC are applicable to the extent required for considering the application filed under Section 7A. Further as per Section 9, the Special Court has got all the powers of a Civil Court and the Court of Sessions. The learned Counsel also referred to Rule 13 of the Rules where there is a reference as to the application of the Code of Civil Procedure 1908 to the proceedings before the Special Court, where it was provided that the Special Court shall have the same powers as are vested in the civil Court under the CPC when trying an application in respect of enforcing the attendance of any person and examining him on oath; compelling the production of documents and material objects; issuing Commission for examination of witnesses; and every enquiry or investigation by the Court shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of Indian Penal Code, 1860. Therefore, the learned Counsel contended that in the light of the absence of any express bar prohibiting the respondent from filing the execution petition, the order passed by the Court is proper and just. Therefore, there is no merit warranting interference by this Court with the impugned order.