KASHMIR SINGH Vs. TANA

JUDGEMENT

(1.) This is a revision petition against the order dated 2 5 1998 passed by the Executing Court dismissing the objection petition filed by the judgment-debtors

(2.) The facts relevant for the decision of this revision petition are that Tana (plaintiff) had filed a suit for declaration and injunction against Hazara Singh defendant During the pendency of the suit, the plaintiff amended the plaint and converted the suit into a suit for declaration with possession as consequential relief, alleging therein that during the pendency of the suit, the defendant had taken forcible possession of the suit land In the plaint, it was alleged by the plaintiff that he was the owner in possession of 1/2 share of the total land measuring 192 kanals 1 marla and that the defendant had obtained a Civil Court decree dated 4-1-1984 with a view to defraud the plaintiff and that the said decree was on fraud and misrepresentation and was not binding on the plaintiff It was further alleged that the plaintiff was in possession of the suit property before passing of the said decree and was still in possession thereof and the defendant was threatening to dispossess him and to alienate the same on the basis of the said decree. Subsquently, by way of amendment to the plaint, as referred to above, it was alleged by the plaintiff that during the pendency of the suit, the defendant took forcible possession of the suit land. The said suit was contested by the defendant. Finally, the Civil Court decree dated 3-4-1991 was passed by theTrial Court The operative part of the said decree reads as under:

(3.) In the said decree, the details of the land measuring 192 kanals 1 marla had been given and it was nowhere mentioned that the plaintiff had filed the suit for declaration and injunction and later-on for possession as consequential relief only in respect of 1/2 share in the suit land measuring 192 kanals 1 marla.