LICHUBALA BISWAS Vs. JINDAR MONDAL

JUDGEMENT

(1.) The facts of this case may be started with the following genealogical table:-- It appears that Mohar Ali and Iman Ali were 56 the sixteen annas owners of the disputed properties. Mohar Ali died a bachelor and Iman died leaving his widow Sundari, but no child. Eventually Iman's heirs became the owners of the disputed properties as per (contd. on col. 2) shares mentioned below: -

(2.) The learned Munsif found the following:-

(3.) All the points urged by the defendants Nos. 1 to 3 before the two Courts below were also urged on their behalf before the Hon'ble Judge who heard the second appeal. Being of the view, however, that the decisions of the learned Subordinate Judge were alll decisions on fact and further that they were not perverse, the Hon'ble Judge refused to interfere with them and dismissed the appeal. Thereafter the plaintiffs put the decree to execution for recovery of possession of the suit lands after evicting the defendants therefrom, for recovery of costs etc. The defendants Nos. 1 to 3 filed an objection to it under S.47 of the Civil P. C. In the petition under S.47 the petitioners raised several objections against the execution case, I need not detail them here since the learned Munsif did not go into them at all and he rejected the petition on the ground that as the Executing Court he had no right to go behind the decree. Hence this revisional application.