SURAJ MAL Vs. JAGBIR SINGH

JUDGEMENT

(1.) By this petition, the petitioner (through his legal representatives) challenges the order passed by the learned execution court on 14.01.2020, as also the warrant of possession issued by that court on 04.02.2020 directing the judgment debtors to put the decree holders in possession of the suit property.

(2.) A perusal of the impugned order dated 14.01.2020, shows that that the contention of the petitioners-judgment debtors was to the effect that though the decree was in respect of a plot which was stated to be the suit property (as per the petitioners), in fact the house of the petitioners was constructed upon it much prior to the filing of the suit by the decree holders, which fact they had suppressed from the court and therefore a local commissioner may be appointed for determining that factual position.

(3.) A perusal of the reply to the objections (copy Annexure P-8) also shows that decree holder no.3 was in the Army and therefore used to remain mostly out of the village, with the petitioners therefore having taken advantage of that situation. Political influence used by the petitioners was also alleged in the reply filed by the respondent-decree holders.