ZORA SINGH Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the executing Court dated February 8, 1990, whereby the execution application was dismissed as being not competent.

(2.) The decree-holders Zora Singh and his wife Smt. Pritam Kaur filed a suit for possession of the suit land which was decreed upto the High Court in R.S.A. No. 3038 on October 24, 1986. Execution application was filed in which the decree-holder gave the statement that he got possession on October 27, 1986. Consequently, the execution application was dismissed as satisfied. Subsequently thereto, on October 28, 1986, Mukhtiar Singh and others filed a suit for injunction restraining Zora Singh and his wife Pritam Kaur from dispossessing them from the suit land for more than 30 years. The defendants tried to dispossess them from the suit land on October 27, 1986, forcibly but they failed in their mission; hence the present suit. The suit was contested on behalf of the defendants, Zora Singh and others. Zora Singh while appearing in the witness-box stated that the plaintiff was in possession of the suit land. Consequently, the suit filed by Mukhtiar Singh and others was decreed on November 8, 1988. In this situation, the decree-holder Zora Singh and his wife filed a second execution application for physical possession of the suit land which was resisted on behalf of the judgment-debtors on the plea that no second application was maintainable as the earlier execution application was dismissed as having been satisfied.

(3.) The learned Counsel for the decree-holders submitted that of course the earlier execution application was dismissed as having been satisfied, as the possession was delivered on October 27, 1987, but virtually, the judgment-debtors themselves filed a suit later on the very next day on October 28, 1986, in which they claimed that they were in possession of the suit land and that they had not been dispossessed. The said suit was decreed.