JONARAM DAS Vs. MD ABDUL KADIR

JUDGEMENT

(1.) This petition raises a short but common problem faced by the executing Court in execution of an ejectment decree in respect of Immovable property. The petitioner in this case suffered by an ejectment decree dated 1.9.2.98 (sic) passed by the Civil Judge (Junior Division) No. 1, Nagaon, in TS No. 175/1993.

(2.) The aforesaid decree was passed in the suit filed by the plaintiff/respondent and was affirmed by the learned appellate Court leading to its finality. The suit property as described in the Schedule to the plaint is mentioned in the decree being landed property measuring 1 B 2 K 8 L covered by Dag No. 57, K P Patta No. 57 and a further area of land measuring 1 B 4 K 18 L covered by Dag No. 73, P Patta No. 58 and 1 B 1 K covered by Dag No. 74 of Nizsahar Mouza, Kissamat Morikolong in total area 4 B 3 K 6 L, bounded by North Lutfur Rahman, South- Idris All and plaintiff Abdul Kader, East- Morikolong LP School and Dhanai Das and West-Land of the plaintiff.

(3.) The aforesaid decree was put into execution by the decree-holder wherein the Title Execution Case No. 13 of 2001 was registered. Writ of delivery of possession of the decretal property in favour of the decree-holder having been issued, the bailiff of the Court along with revenue officials went to the field and executed the decree on 29-4-2003 according to the boundary described in the decree. The said decree could be executed, as the property is identifiable as per boundary given in the schedule of the decree and as demarcated by the Lat Mondal. After execution of the decree, the bailiff of the Court also submitted the necessary report, which was duly accepted by the learned Executing Court.