RAJIVLOCHAN CHHALO MISHRA Vs. GANGARAM LAKHISINGH

JUDGEMENT

(1.) THE short point involved in this revision relates to the question about the commencement of limitation for an application for execution in a case where the decree directing delivery of possession to one party is conditional on payment of certain amount by the party seeking possession to the other side, who is already in possession and when the decree does not fix any time limit for making the payment.

(2.) IT was not disputed that the decree sought to be executed by the applicants was on the following terms:

(3.) MORE than 12 years after the date of the decree, the applicants tendered and deposited the required sum of Rs. 2,000 for payment to the non-applicants and applied for being placed in possession in execution of the said decree. The executing Court earlier directed issue of warrant of possession, but later on revoked its own order by holding that since the application for execution was moved beyond the period of 12 years, it was barred by limitation and accordingly dismissed the same. The applicants preferred an appeal against the said order and the same was dismissed. The lower appellate Court upheld the order of the executing Court. The applicants have now come before this court in revision challenging the legality of the orders made by the Courts below.