DWIJEN NATH Vs. DEBESWAR NATH

JUDGEMENT

(1.) 14.11.2019 Heard Mr. SP Roy, learned counsel for the petitioners and Mr. BK Sarma, learned counsel for the respondent.

(2.) Order dated 19.05.2012 passed in Misc. (J) Case No. 4132007 in Execution Case No. 472006 by the court of learned Munsiff No. 1, Kamrup (M) at Guwahati is under challenge in this revision petition. A decree in respect of recovery of 15 Rs.of land along with the relief of declaration of right, title and interest and permanent injunction was passed in favour of the decree holder respondent wherein the present petitioners were the judgment debtors. The said decree was passed in Title Suit No. 1372001 by the court of learned Munsiff No. 1, Kamrup (M) at Guwahati. On the basis of the writ issued by the Executing court the concerned Lat Mandal submitted a report dated 25.04.2007 stating that land measuring 15 Rs.of NK Patta No. 1 under Dag No. 513 from the western side was measured and shown to the Nazir and thereafter the Nazir delivered possession of the said land measuring 15 Rs.to the decree holder and submitted a report dated 25.04.2007. The decree was accordingly satisfied. In the month of July, 2007 the petitioners filed an application under Order XXI Rule 101 of the CPC seeking for delivery of the land described in the schedule of the said petition.

(3.) The factual matrix pleaded in the said petition was that the Civil Nazir while executing decree on 25.04.2007 delivered excess land measuring 15 Rs.being part of Dag No. 513 to the decree holder as Lat Mandal on 25.04.2007 did not measure the entire land of Dag No. 513 while demarcating the land of the decree holder measuring 3 K 11 Ls which is the claim of the decree holder. The said 3K 11Ls of land includes the 15 Ls of land decreed for recovery of possession. But the Lat Mandal measured only 15 Ls of land from the eastern boundary of the land measuring 3K 11Ls following which the decree holder got excess land which comes to 4K 9Ls. The said excess 15 Ls of land belonged to the judgment debtorspetitioners. In the said proceeding evidence of the decree holder, the Lat Mandal and the Civil Nazir were recorded and the petition is fixed for argument.