BIRKHA Vs. PHOOL SINGH

JUDGEMENT

(1.) This is a revision petition filed by petitioner decree -holder Birkha (for brevity, decree -holder) against order dated 19.9.1981 passed by the learned executing court dismissing his application for execution of the decree dated 5.2.1975 for mandatory injunction for removal of cow dung heaps from the disputed site passed in Civil Suit No. 633 of 1973.

(2.) Birkha decree -holder filed a civil suit for mandatory injunction against the respondent judgment -debtor (for brevity, judgment -debtor) with a prayer for removal of cow dung heaps from the disputed site. It was decreed on 5.2.1975. The appeal filed by the judgment -debtor was also dismissed on 4.4.1978. Thereafter the decree -holder filed an application for execution of the decree. The judgment -debtor raised the objection that the decree has become unexecutable on account of the fact that the status of the decree -holder as tenant has been extinguished and the entries in khasra girdawari showing that he was a tenant on the disputed site were modified by the order of the Collector dated 28.11.1980. It was urged that the decree -holder having lost his status as a tenant, the decree has been rendered unexecutable. The executing court sustained the objection and passed the following order: -

(3.) I have heard Shri Y.K. Sharma, leaned counsel for the decree -holder and none has put in appearance on behalf of the judgment -debtor.