BACHITTAR SINGH Vs. PANCHAYAT SAMITI, TALWARA

JUDGEMENT

(1.) Petitioner-decree-holder filed a suit for permanent injunction restraining the respondent and its agents from interfering in his peaceful possession over the shop in dispute, and also from demolishing the same illegally or forcibly. He claimed to be in possession over the said shop as a tenant.

(2.) The suit after contest, was decreed on 21-10-1988. As per the case of the petitioner, the employees of the respondent came to the shop in dispute on 24-10- 1988, and demolished a part of the shop. The petitioner, on 26-10-1988, filed an application under Order 21 rule 32, Code of Civil Procedure, for execution of the decree passed in his favour. The respondent filed a reply to the execution application and denied that any part of the shop was demolished. The parties were given an opportunity to lead evidence, and the executing Court dismissed the application after finding that the petitioner has failed to establish that the respondent-Samiti or its employees have committed the violation of judgment and decree dated 21-10-1988.

(3.) After hearing learned counsel for the parties, I am of the view that the order of the executing Court cannot be sustained.