DHARAM PAL Vs. AMI LAL

JUDGEMENT

(1.) The respondents filed suit for permanent injunction against Dharam Pal (petitioner herein) restraining him to interfere in their peaceful possession. The suit was filed on October 10, 1978 which was decreed on April 2, 1981. As per case of the respondents, the petitioner dispossessed them after the decree and, therefore, execution application was filed on September 7, 1981. The executing Court in compliance with the decree issued warrant of possession and directed that the possession be got delivered to the respondents after about the issuance of warrant of possession and police aid, the petitioner filed objection petition. In the objection petition it was claimed that the decree has already been satisfied because he was put in possession of the house in dispute by one of the decree-holders, namely, Duli Chand and he was holding the same as a tenant. Some other objections were also taken. The executing Court dismissed the objection petition. This order has been challenged by way of the revision petition.

(2.) The learned counsel for the petition contends that the executing Court has no jurisdiction to issue warrant of possession and provide police help in order to secure possession from him in compliance with the decree. The precise contention is that the decree can be executed only under the provisions of Order 21 Rule 32 of the Code of Civil Procedure. Mr. Sudarshan Goel, learned counsel for the respondents states that the objection petition filed by the petitioner has been dismissed after appreciation of the entire evidence. However, he admits that warrants of possession have been ordered to be issued and police help is also being provided to the respondents for securing possession from the petitioner.

(3.) After hearing learned counsel for the parties, I am of the view that the executing court has no jurisdiction to issue warrant of possession and give police help in execution of decree for prohibitory injunction. In executing, a decree for injunction passed in a suit for prohibitory injunction can be executed in the manner provided in Order 21 Rule 32(1) and (3) of the Code of Civil PRocedure which provides that where the defendant willfully fails to obey decree for injunctions passed against him, the decree may be enforced by detention in civil prison or by attachment of property or by both. Since the decree-holder sought a decree for injunction, the same can be executed in accordance with the provisions of law governing execution of decree for injunction. Learned counsel for the respondent has failed to bring to my notice any provisions of law under which warrant of possession or police help can be provided for getting compliance of the decree of prohibitory injunction. Learned counsel for the petitioner has also failed to bring to my notice any other infirmity in the impugned order.