HARI SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) This is a revision petition against the order dated 1-10-1998 passed by the trial Court dismissing the objections filed by the judgment-debtors in the execution proceedings and ordering issuance of warrants of possession.

(2.) The facts which are relevant for the decision of the present revision petition are that Harbhajan Singh, decree-holder, had filed a suit for possession against the judgment-debtors. The said suit filed by the plaintiff decree-holder was decreed by the trial Court on 18-9-1984, regarding possession of the room in dispute and the appeal filed against the same was dismissed by the Additional District Judge on 10-6-1986. Subsequently, the decree-holder filed execution petition on 15-11-1997 for execution of the Civil Court decree in his favour. Against the said execution petition, the judgment-debtor Hari Singh filed an objection petition alleging therein that the property sought by the decree-holder in the execution proceedings had already been given to the judgment-debtor vide settlement dated 26-9-1986 and now the decree-holder had no right to claim the property. It was alleged that the judgment-debtor had complied with all the terms and conditions of the compromise dated 26-9-1986. It was further alleged that even otherwise, execution petition had become barred by time, having been filed after more than 13 years of the decree passed by the trial Court. This objection petition was contested by the decree-holder by filing a written reply alleging therein that after the decision of the case by the Additional District Judge, there was an agreement dated 26-9-1986 between the parties. However, the judgment-debtor did not comply with the said compromise and the same was not acted upon and had lost its validity. It was alleged that the judgment-debtor failed to perform the stipulated conditions and after waiting for full 11 years, the decree-holder was compelled to file execution petition in order to save the limitation.

(3.) After hearing both the sides and perusing the record, the executing Court, vide order dated 7-10-1998, dismissed the objection petition of the judgment-debtor and ordered the issuance of warrants of possession. Aggrieved against the same, Hari Singh, judgment-debtor, has filed the present revision petition.