KHUSHI MOHD MINOR SON Vs. MAHABIR PARSHAD

JUDGEMENT

(1.) THIS judgment of mine will dispose of two revision petitions, i. e. C. R. No. 1971 of 1985 and CR. No. 1890 of 1985.

(2.) PETITIONERS, Khushi Mohd. in C. R. No. 1971 of 1985 and Sahoon alis Surajuddin in C. R. No. 1890 of 1985, filed suits for possession by way of pre-emption. Decree for pre-emption was passed in favour of Khushi Mohd. on 18. 1. 1985 whereas decree for pre-emption in favour of Sahoon alias Surajuddin was passed on 4. 8. 1985. Both of them deposited the pre-emption money in terms of the decrees and therefore, the decrees became final. Khushi Mohd. obtained possession of the property in execution of the decree on 27. 4. 1985 whereas Sahoon alias Surajuddin obtained possession of the property in execution of the decree on 1. 5. 1985.

(3.) RESPONDENTS-JUDGMENT-DEBTORS filed an application before the executing Court in the case of Khushi Mohd. on 1. 5. 1985 stating there in that on 12. 4. 1985, the Supreme Court had stayed the proceeding in writ petition filed by them under Article 32 of the Constitution of India, challenging the vires of Section 15 of the Punjab Pre-emotion Act as applicable to the State of Haryana. An identical application was filed by the judgment-debtors in the case of Sahoon alias Surajuddin before the executing Court on 7. 5. 1985 the executing Court vide order dated 7. 5. 1985 in the case of Sahoon alias Surajuddin ordered restitution of the property to the judgment-debtors without even issuing notice to the petitioner, whereas in the Khushi Mohd a similar order was passed on 10 5. 1985. Both these orders are being challenged in the present revision petitions.