MAYA DEVI Vs. TELU MUSADI

JUDGEMENT

(1.) ON 9-7-1959 Maya Devi, appellant, got a decree for possession by preemption against Telu, respondent. She deposited the preemption money, which was paid to the judgment-debtor. The debtor-holder then obtained the possession of the land in execution of her decree which was, consequently, cosigned to the Record Room as fully satisfied.

(2.) ON 12-4-1960 Telu, respondent, filed an application under S. 47, Civil procedure Code, in the Executing Court contending that he was a tenant of the land in dispute and, therefore, the sale in his favour could not be pre-empted and even the decree, that was passed against him, was a nullity and could not be executed under the provisions of S. 17-A of the Punjab Security of Land Tenures act, 1953.

(3.) SMT. Maya Devi, decree-holder, contested this application and pleaded that the executing Court could not go behind the decree and the application of Telu was not maintainable on that ground; that the decree had been fully satisfied and consigned to the Record Room; that it was a consent decree and the judgment-debtor could not challenge it; and that the judgment-debtor was not holding the land as a tenant at the time of the sale in his favour.