ASSA SINGH Vs. SHER SINGH

JUDGEMENT

(1.) The only contention raised is that the local commissioner has been authorised to decide with respect to the possession of the judgment-debtor, which amounts to delegation of judicial functions of the Court.

(2.) Decree for possession was passed on 30th October, 1976, and the possession was delivered to the decree-holder on 26th May, 1978. The suit for injunction was decreed with respect to the same land between the same parties on 25th July, 1979 and it became final. Execution of this decree was sought under Order 21 Rule 32 of the Civil Procedure Code. The judgment-debtor was found to be guilty of violation of injunction order. A Revenue Officer was appointed to demarcate the site in dispute on the request of the petitioner. It was reported that the demised premises forms part of the disputed property and is in possession of the judgment debtor. Initially no objections were filed against the report.

(3.) The learned trial Court after appreciating the evidence and noticing the different stands taken by the judgment-debtor contrary to each other and further noticing that the local commissioner's report was not challenged on merits, the said report was confirmed. Nothing worth noticing has been said in the course of arguments. As observed by the trial Court, the intention of the petitioner appears to delay the execution. I find no error in the findings of the trial Court. This revision petition in my view, is another attempt to delay the execution proceedings.