ADMINISTRATOR, MUNICIPAL COMMITTEE, AMBALA SADAR Vs. NANANK CHAND

JUDGEMENT

(1.) This revision petition is directed against the order of the executing Court dated September 28, 1988, whereby the objections filed on behalf of the judgment-debtor were dismissed.

(2.) Nanak Chand and Siri Chand, decree-holders filed a suit for possession of plot No. 6072 and for the recovery of Rs. 300/- by way of mesne profits for the illegal use and occupation of the said plot by the Ambala Cantonment Board. During the pendency of the suit against the Ambala Cantonment Board, the said Board was abolished and for the first time the Notified Area Committee came into being and then the Municipal Committee, Ambala became the owner of the suit property. Admittedly, neither the Notified Area Committee nor the Municipal Committee, Ambala were impleaded as the parties, to the suit. The suit was decreed against the Ambala Cantonment Board. When the plaintiffs sought execution of the decree, objections were filed on behalf of the Municipal Committee, Ambala stating that the plot, in question, was previously owned and possessed by the Cantonment Board Ambala Cantonment and the said Cantonment Board had created a Children Park in the said plot measuring 100' x 50'. The said Children Park had been in existence for the last eleven years. The said Park was being maintained by Cantonment Board from the Board's funds. None had objected to the conversion of the plot into park including the decree-holders. The Chief Regional Settlement Commissioner, Jullundur, had also decided to transfer the compound bearing number 6072, 6071/1 to 25, Sadar Bazar, Ambala Cantonment to the Cantonment Board free of cost for the same as it was held by evacuee on old grant terms. The said decision of the Chief Regional Settlement Commissioner was conveyed by Regional Settlement Commissioner to the Rent and Managing Officer, Ambala, with an endorsement to the Executive Officer, Cantonment Board vide his letter dated April 6, 1961. Possession was also delivered in pursuance thereof on August 21, 1961. Since then, the Cantonment Board remained in possession of the said compound and developed the same as a park for the purpose for which the same was transferred to it. In February, 1977, the Notified Area Committee was constituted which was later on converted into the Municipal Committee, Sadar, Ambala. The decree-holders played fraud with the Municipal Committee and got the impugned decree passed on April 19, 1979, without impleading the Notified Area Committee or the Municipal Committee as a party. Thus, the decree could not be executed against the Municipal Committee. The said objection petition was contested on behalf of the decree-holders. The executing Court after framing the issues and allowing the parties to lead evidence came to the conclusion that though it stood proved from the evidence that there existed a Children Park on a part of the old plot No. 6072 and it was also not disputed that the said area vested in the Cantonment Board, it now stood vested in the Municipal Committee, but it was also held that this objection could be taken before the trial Court which passed the -impugned decree. As regards the objection that the decree could not be executed against the Municipal Committee, the executing Court found that the Municipal Committee and the judgment-debtor Contentment Board being the assignee was bound by the decree. Consequently, the objection petition was dismissed.

(3.) The learned counsel for the petitioner submitted that the view taken by the executing Court was wholly wrong and misconceived. Once it was found as a fact that the Children Park was there on the plot, in dispute, the decree could not be executed against the Municipal Committee. Moreover, the plaintiffs did not implead the Notified Area Committee or the Municipal Committee in the suit. The plaintiffs knew that the Cantonment Board had ceased to be the owner of the suit property.