KARTAR SINGH Vs. GURMIT SINGH

JUDGEMENT

(1.) In an attempt to defeat the execution of decree dated 2.12.1994 passed by the Civil Judge, Faridkot the objector -petitioner has filed this revision petition impugning the order dated 6.4.2002 passed by the Additional District Judge, Faridkot reversing the order dated 14.6.2001 passed by the Additional Civil Judge (Senior Division) Faridkot.

(2.) The Civil Judge in his order has accepted the objection of the objector -petitioner on the principal ground that the warrant of possession issued in respect of suit property against judgment debtor -respondent No. 3 had been returned unexecuted with this report supported by detailed report of Kanungo Halqa Jaitu. The Kanungo Halqa Jaitu has submitted in his report that judgment debtor -respondent No. 3 is not in possession of disputed khasra numbers and the objector -petitioner was in possession. It was further reported that mutation No. 4258 sanctioned on the basis of partition dated 24.6.1991 had already been rejected by the Collector, Sub Division Faridkot vide his order dated 24.2.1992. The contention of the decree holder -respondent No. 1 and 2 that the objector -petitioner have got a false report made regarding possession of the objector -petitioner was rejected. Another argument that earlier objections filed by the objector -petitioner were dismissed and these objections filed by him were not maintainable did not find favour with the Civil Judge.

(3.) On appeal filed by the decree -holder -respondents No. 1 and 2, the Additional District Judge reversed the order on two grounds namely that there is no revenue record which may support the report of Tehsildar and Kanugo Halqa Jaitu. In the absence of any support coming from the revenue record, the Additional District Judge ignored those reports. He further held that the dismissal of earlier objections filed by the objector -petitioner vide detailed order would bar raising of same objection for the second time.