BAGICHA SINGH Vs. UDASI DHARAMSHALA

JUDGEMENT

(1.) JUDGMENT Debtor (JD) Bagicha Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 4.4.2009 Annexure P/4 passed by the executing court thereby dismissing objections filed by way of reply Annexure P/3 by JD -petitioner. It is undisputed that compromise decree dated 10.9.1988 was passed in favour of respondent -decree holder (DH) Udasi Dharamsala against the petitioner -JD for possession of 2 kanals 16 marlas land out of which petitioner was to retain 1 kanal land for six years as licencee by paying Rs. 100/ - per annum as licence fee and on expiry of six years, the petitioner was to surrender possession of said 1 kanal land also in favour of DH.

(2.) THE petitioner failed to surrender possession of the land. Thereupon, respondent DH filed execution petition Annexure P/2 seeking execution of the decree by delivering possession of the suit land and also recovery of arrears of licence fee.

(3.) LEARNED executing court vide impugned order Annexure P/4 has dismissed the objections taken by the JD -petitioner in his reply Annexure P/3 and has ordered issuance of warrant of possession of the disputed land. Feeling aggrieved, JD has filed this revision petition to challenge the said order.