KHOM BAI Vs. FIRST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioners being aggrieved by the Orders dated 7-8- 1985 (Annexure-A) passed in Execution Case No. 91-A/71 and order dated 15-4-1988 (Annexure-B) passed in Civil Revision No. 48/87 have filed this petition under Article 227 of the Constitution of India.

(2.) FACTS necessary for disposal of the present petition are that certain lands belonged to the petitioners, out of the said area possessed by the petitioners some lands were transferred in favour of the respondent No. 3. Later on a suit was filed by the present petitioner (since deceased) inter alia pleading that the transfer deed was sham and bogus and the same was only for the purposes of the Ceiling Act. The matter ultimately came up to the High Court in Second Appeal No. 425/77. The said appeal was decided by this Court in favour of the petitioner on 12-10-1984. At the time of hearing, it was submitted before the Court that as in the Ceiling Proceedings drawn against the present petitioners particular land was declared surplus, therefore and as the land of which possession is sought if is given to the petitioner she would hold land in excess of the ceiling limit, therefore no decree could be passed in favour of the said appellant/present petitioner. This Court dealing with the said contention, in paragraph 24 of the Judgment observed as under :

(3.) THE appeal was accordingly allowed and a decree for possession was granted to the petitioner. The petitioner thereafter filed an application for execution of the said decree. In the said matter an objection was raised by the judgment-debtor that the decree cannot be executed. The learned Executing Court referring to the judgment of this Court in the matter of Jagan Jethya Lodhi v. Harakchand, 1975 MPLJ 481 directed the decree-holder that within a period of three months he should obtain an order from the Revenue Court as to whether he is entitled to keep the suit land or any other land in his possession or not. He however observed that the judgment-debtor has no rights in the property. Being aggrieved by the order passed by the Executing Court, the petitioner filed Civil Revision No. 48/87 which was heard and decided by the First Additional District Judge, Raipur (Link Court at Mahasamund ). The Revisional Court upheld the order and dismissed the revision, therefore the petitioner has filed this petition, under Article 227 of the Constitution of India.