KEHAR SINGH Vs. THAKUR SINGH AND OTHERS

JUDGEMENT

(1.) Facts of this case are that Thakar Singh and Nikka Singh obtained a decree against Guru Granth Sahib through Mehar Singh, Secretary, and in the execution thereof Kehar Singh was dispossessed. Kehar Singh then filed an application under Order 21, Rules 100 and 101, Civil Procedure Code for restoration of the possession to him. The Executing Court allowed the application by its order dated 31st August, 1968. The decree-holders above-named then preferred an appeal which was accepted by the District Judge, Patiala, and the order of the executing Court was set aside. Kehar Singh has now come up in revision under Section 115, Civil Procedure Code.

(2.) Learned counsel for Kehar Singh petitioner has pointed out that by virtue of Order 21, Rule 103, Civil Procedure Code, the order passed by the executing Court under Rule 101 was conclusive and it could not be assailed in appeal, before the District Judge. Support is sought from Mt. Champa Debi v. Ram Chandra Marwari and others, 1937 AIR(Pat) 136. The same is directly in point. I accordingly find that the order passed by the learned District Judge, Patiala, is wholly without jurisdiction. That being so, I allow the revision petition, set aside the order of the District Judge, Patiala, and restore that of the executing Court. No order as to costs.