NAROTTAM BARMAN Vs. SUMI SUTRADHAR

JUDGEMENT

(1.) Heard Mr. D Chakrabarty, learned counsel for the petitioner and Mr. N Haque, learned counsel for the respondent.

(2.) Order dated 16.03.2020 passed in T.Ex. case No. 03/2009 by the learned court of Civil Judge, Barpeta is under challenge in this revision petition. The present petitioner filed T.S. No. 26/2006 in the court of learned Civil Judge, Barpeta against the present respondents as defendants for specific performance of contract in respect of a sale agreement for a plot of land measuring 15 Lechas covered by Dag No. 1342 of KP Patta No. 158 of village Barpeta Road under Mouza Gobardhan. The suit was decreed. The respondents filed first appeal and second appeal and both the courts upheld the judgment and decree thereby granting enforcement of agreement for sale of the said plot of land. In T.Ex. No. 03/2009, the said decree was put to execution and the learned executing court executed the registered sale deed No. 527/2015 in terms of the decree covering the decreetal land. The petitioner filed a petition under Order 21 Rule 32 (5) of the CPC seeking for delivery of khas possession of the entire land measuring 15 Lechas sold in favour of the petitioner in the said execution case No. 03/2009.

(3.) The learned court below vide order dated 19.08.2016 allowed the said petition under Order 21 rule 32(5) of the CPC by holding that possession can be granted by the executing court in a decree for specific performance of contract for sale as the same is incidental to the execution of a document of sale. Being aggrieved by the said order dated 19.08.2016 passed in T.Ex. No. 03/2009, one of the respondents Smt. Sumi Sutradhar preferred CRP 386/2016 which was dismissed by this court vide order dated 13.03.2018. The learned executing court issued warrant to the bailiff of the court of Barpeta to put the petitioner decree holder in exclusive khas possession of the land covered by registered sale deed No. 527/2015 by evicting the respondent judgment debtors, removing their houses, other structures standing thereon. The said warrant was issued on 18.04.2018 fixing 16.05.2018 for report. The bailiff of the court took assistance of the concerned Lat Mandal in order to execute the said warrant, but the Lat Mandal submitted his report dated 10.05.2018 and 11.05.2018 in the execution case No. 03/2009 informing the court that there were some anomalies in respect of possession over the decreetal property. Due to such anomalies purportedly done at the instance of Lat Mandal, the petitioner filed an application which was registered as Misc case No. 16/2019 in T.EX. 03/2009 seeking for direction from the executing court to the Circle Officer, Bornagar Revenue Circle to conduct a de-novo field enquiry in respect of the decreetal land in furtherance of execution of the decree dated 20.02.2009.