JIT SINGH Vs. BHAGO

JUDGEMENT

(1.) This is a revision petition filed by the judgment debtor-petitioners assailing the order dated 9-5-2001 passed by the District Judge, Faridkot affirming the order dated 21-12-1994 passed by the Additional Senior Sub-Judge, Moga. The Additional Senior Sub Judge, Moga has dismissed the objection of the judgment debtor-petitioners to the application filed by the decree holder-respondents.

(2.) The facts necessary for deciding the controversy raised in the present petition are that the civil suit No. 246 of 1970 seeking possession of the suit land was filed by one Smt. Bhago decree holder-respondent (now represented by S/Shri Piara Singh and Major Singh sons of Chanan Singh residents of Bhaghapurana, Tehsil Moga, District Faridkot) against the judgment debtor-petitioners and some others. The suit was initially decreed by the trial Court on 6-5-1974 and the appeal filed against the aforementioned judgment and decree was dismissed on 19-5-1976. In the second appeal, the decree passed by the appellate Court was maintained except the relief with regard to property mentioned at serial No. B of the headnote of the plaint. The decree passed by the High Court on 20-5-1983 for possession in favour of the decree holder-respondents was in respect of the following land : "(a) Land bearing Khewat No. 157/174, Khatauni No. 270 to 273, Khasra Numbers 120//22 min east-23 min east-18 min east-21 min, 124//1-2-3-4, 120//21min-120//18 min east 22 min west, 23 min east 120//24-25. (c) Land bearing Khewat No. 159/176, Khatauni Nos. 276-277-278-279, Khasra Numbers 120//9-16-120//10-11-12-13, 120//8 min, 120//8 min." It is pertinent to mention that the decree holder-respondents have earlier filed an execution application in which symbolic possession of the suit land was given to the decree holder-respondents. The execution application filed before the Additional Senior Sub Judge from which the present revision petition has arisen seeks to obtain physical possession of the suit property. The Additional Senior Sub Judge, Moga after issuing notice to the judgment debtor-petitioners framed six issues on the basis of the pleadings of the parties and dismissed the objections filed by the judgment debtor-petitioners vide his order dated 21-12-1994. Against that order, an appeal was filed before the District Judge, Faridkot. The District Judge, Faridkot affirming the order passed by the Additional Senior Sub Judge, Moga held as under :

(3.) On the basis of the abovementioned grounds, the District Judge, Faridkot has dismissed the appeal of the judgment debtor-petitioners.