MAMOORKHAN Vs. RAMA

JUDGEMENT

(1.) ON an application for execution of a decree, made by non -applicant No. 1 Rama, the Tahsildar vide his order dated 21 -9 -55 asked the applicant to furnish a personal bond of Rs. 50 for not committing trespass in future. The first and second appeals before the Collector and Commissioner, respectively were dismissed. Hence this revision on the following grounds, namely: - (i) that the order for furnishing bond is personal and can never be substituted. (ii) that section 52 of the Transfer of Property Act is not applicable in the instant case. (iii) that the applicant being in possession of the lands in dispute, is under no obligation to furnish the bond with a view to restrain him from committing trespass. From perusal of the record of the lower Courts, I find that on a suit under section 326 of the Kanoon Mal by non -applicant No. 1 against non -applicants Nos. 2 and 3, it was finally ordered that the defendants (hereinafter referred to as non -applicants Nos. 2 and 3) should furnish personal bond of Rs. 50 for not committing trespass in future. Hence application for execution was presented by non -applicant No. 1 against the applicant who was in possession of the lands by virtue of a Patta. Now the question for consideration before me is whether the original order making non -applicants Nos. 2 and 3 to furnish bond can be executed against the applicant.

(2.) THE learned counsel for the applicant pleaded that the applicant is no longer bound by the decree as it did not relate to property. Had the decree been concerned with property section 52 of the Transfer of Property Act would have come into play. I agree with contention of the learned counsel for the applicant. The original order was to the effect that the non -applicants Nos. 2 and 3 should furnish personal bonds of Rs. 50 for not committing trespass over the land. The applicant was not a party to the case and therefore, be cannot be asked to furnish bond for not committing trespass. The order for furnishing bond is personal and can never be executed against representatives. The liability being personal, section 52 of the Transfer of Property Act has no applicability in the instant case. In result the revision is allowed with costs and the orders passed by Courts below are set aside.