GURNAM SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) DECREE holder (DH) Gurnam Singh has filed this revision petition under Article 227 of the Constitution of India impugning the order dated 27.04.2007 whereby the Executing Court has dismissed the execution petition filed under Order XXI, Rule 32 of the Code of Civil Procedure by the petitioner against the respondent/judgment debtor (JD) Darshan Singh. Suit filed by petitioner against the respondent was decreed vide judgment and decree dated 04.09.1995 for permanent injunction restraining the defendant from dispossessing the plaintiff from the suit plot measuring 2 Kanals except in due course of law. The petitioner in his execution petition alleged that in violation of the decree, the respondent/JD in the last week of January, 1999 forcibly and illegally encroached upon about 12 marlas land depicted by letters A, B, C, D, E and F in the site plan out of the suit land by demolishing manger and kachha built Southern wall of house of the petitioner and has constructed pacca wall depicted by letters D to E in the site plan. Accordingly, petitioner sought punitive action against the respondent for violation of the decree.

(2.) THE respondent in his reply denied all the allegations made by the petitioner. It was pleaded that site measuring 12 marlas depicted by letters A, B, C, D, E and F in the site plan by the petitioner, is not part of the suit property or part of house of the petitioner. The said site is part of house of respondent. Allegations regarding demolition of manger and wall of the petitioner and construction of the new wall by the respondent, were denied.

(3.) I have heard learned counsel for both the parties and perused the record of the case.