ATIBAL SINGH Vs. MAHIPAT SINGH

JUDGEMENT

(1.) THE applicant applied in the year 1944 for the mutation of his name in a Zamindari share in Khewat No. 2 of village Aron, Tappa Ater. The mutation was sanctioned in his favour as per Tahsildar's order dated 11 -6 -1952. Thereafter the applicants applied on 5 -7 -1952 for the execution of the mutation decree. This was rejected by all the Courts below on the ground that since the Zamindari had, in the meantime, been abolished on 1 -10 -1951, the said decree became infructuous and was inexecutable. The learned Additional Commissioner in second appeal also held the same view. Hence this revision.

(2.) COLUMN 10 of the execution application is meant to show the way in which a decree is sought to be executed. In this column the applicant has mentioned that he wanted his name to be entered in the Khewat on 2.2 bighas of Malguzari as also his possession of the same. On the back of this application he has repeated this prayer with the addition of the fact that the non -applicant was holding the aforesaid land in his illegal possession.

(3.) NON -applicant's contention is that what was sought to be executed was the recording of applicant's name as a part proprietor of Khewat No. 2 and since the Zamindari had been abolished much before the date of the execution application, the relief sought cannot legally be granted.