JAGMAL SINGH AND OTHERS Vs. ATMA RAM

JUDGEMENT

(1.) The judgment-debtors have preferred the present revision, aggrieved by the order passed by the Appellate Court setting aside the objections raised by the judgment-debtors in the execution filed by the decree-holder invoking the provisions under Order 21 Rule 32 of the Code of Civil Procedure.

(2.) The decree-holder filed a suit for permanent injunction against the judgment-debtor. The same was decreed in favour of the decree-holder vide judgment and decree dated 4.8.1990. Alleging that the judgmentdebtors have started harassing the decree-holder and demolished Gohara and made an attempt to demolish the Chank and cut sugarcane crop forcibly and illegally in spite of the production of the decree and judgment obtained by the decree-holder in his favour, the decree-holder filed an application under the aforesaid provision of law before the execution side of the trial Court to send the judgment-debtors to civil prison for violation of the decree and judgment of the said Court.

(3.) The judgment-debtors filed objections to the execution application. They have contended that the decree and judgment passed by the trial Court has become inexecutable as the decree-holder was neither the owner nor the person in possession of the suit land. The entries of khasra girdawaries are still in the name of the judgment-debtors. They have been in possession of the suit property even prior to the institution of the suit by the decree-holder. It has also been contended that the judgment and decree had been obtained fraudulently, behind the back of the judgment-debtors.