PHOOL CHAND Vs. PHOOL CHAND

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 24th April, 1999 passed by the Court of Civil Judge (Junior Division), Narnaul who allowed the application under Order 6 Rule 17 CPC of the decree holder at the execution stage.

(2.) SOME facts can be noticed in the following manner: The land in dispute in this case is 4 Kanals and 6 Marlas. Earlier, it was owned by Murli to the extent of 4/5th share and by Rattan Singh to the extent of 1/5th share. Murli sold his 4/5th share to the petitioner in the year 1974. Rattan Singh filed a suit for pre-emption being the co-sharer against the vendee and the suit was decreed in favour of Rattan Singh and Rattan Singh became the full-fledged owner of the land in dispute.

(3.) THIS decree passed by the trial Court was challenged by Phool Chand son of Ram Lal in appeal and the decree was passed with regard to the second agreement dated 24th June, 1975 on 20th September, 1990. Thereafter, Phool Chand filed the execution and during the course of execution proceedings, he filed an application under Order 6 Rule 17 CPC dated 28th January, 1994 and made a prayer that he should also be given the factual physical possession of the land in question, which was agreed to be purchased by him and regarding which the suit was decreed. This application was resisted by the petitioner on the plea that Hari Ram was in possession of the suit property, he is in occupation of the property in the capacity of Gair Morushi tenant and, therefore, Hari Ram cannot be directed to deliver the possession of the suit land in favour of the decree holder Phool Chand son of Ram Lal. It was also pleaded by the petitioners that the application under Order 6 Rule 17 CPC at the execution stage should not be allowed. The arguments were addressed by the parties before the trial Court and vide impugned order dated 24th April, 1999 the learned Civil Judge (Junior Division), Narnaul allowed the application of the decree holder for the reasons given in paras Nos. 4 to 16 of the said order, which can be reproduced as follows :-