SURINDER KUMAR Vs. PARSHADI

JUDGEMENT

(1.) This revision petition is directed against the order dated 7th of February, 1980, dismissing the execution application of the petitioner-decree-holders herein on the ground that the execution application in question did not pertain to the land in respect of which the decree dated 28th of January, 1966 was passed and which decree was sought to be executed through the present execution application.

(2.) In the judgment decreeing the suit, the judgment-debtors were given option to make certain payment and it was stipulated that on the failure of the judgment-debtors to make the requisite payment, the decree-holders shall be entitled to execute the decree. The first execution application was dismissed in default on 19th of February, 1977 and it was thereafter that the present application on 10th of March, 1977 was moved and warrant of possession of the land mentioned in column No. 10 of the present execution application was sought. The judgment-debtors raised three objections : (i) that the decree sought to be executed was illegal and was passed against the principles of natural justice and equity, (ii) that the conditions stipulated regarding payment to be made by the judgment debtors incorporated in the decree were not read over to the judgment-debtors and that the said stipulations were also penal in nature and that such terms and conditions as were conveyed to them by the decree-holders themselves, had been complied with and requisite amount of Rs. 4,800/- was deposited, (iii) that the decree-holders have sought warrant of possession in respect of land other than the land mentioned in the decree and, therefore, the execution application was not maintainable.

(3.) The executing Court disallowed objection Nos. (i) and (ii) but found merit in objection No. (iii). The arguments presented on behalf of both the sides in regard to objection No. (iii) deserve to be reproduced in the language of the executing Court itself :-