ISHTEYAQUE AHAMAD Vs. KITAWAN BIBI

JUDGEMENT

(1.) The opposite parties obtained a decree with costs against the petitioners in Title Suit No. 35 of 1967 on 11-9-1970 in the Court of the learned Munsif, Panposh to the following effect:-

(2.) At the time of hearing, learned counsel appearing for the petitioners urged that the part of the decree relating to mandatory injunction being hit by Article 135 of the Limitation Act, the Court below while executing the decree cannot direct demolition of the construction made on the suit land. Learned counsel appearing for the opposite parties, on the other hand, contended that Article 136 of the Limitation Act is applicable and so the decree is executable according to law. The contentions require careful examination.

(3.) The operative part of the decree quoted above gave the following reliefs to the opposite parties: -