JATINDER SINGH Vs. MEHAR SINGH AND ANOTHER

JUDGEMENT

(1.) PRESENT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 30.04.2013 (Annexure P/2) passed by learned Civil Judge (Junior Division), Bahadurgarh, whereby the objections filed under Order 21 Rules 97 and 99 read with Section 151 CPC has been dismissed. Learned counsel for the petitioner contended that the applicant -decree holder/respondents are Biswedar of the village and the execution application filed by the decree holders is not in accordance with law. The decree holders as well as judgment debtor have no concern with the ownership over Khasra No. 167 as the khasra no. 167 was owned and possessed by grand father of the applicant -decree holder. It is averred that the grandfather of the applicant -decree holder has constructed a house in the year 1970 on khasra no. 167. It is further averred that decree holders had been residing with their grandfather and grandmother since 1985 and after the death of grandfather of the decree holders, the house constructed has come to the share of the decree holders and since then they are owners in possession of the house in question. Another khasra no. 167 -A adjoins the house of the decree holders in which judgment debtor and Chandgi Ram son of Sukhdeh had half shares. On these grounds, the execution should be stayed.

(2.) DECREE holders filed reply before the Executing Court and denied the averments. It was averred that the decree holder - Ishwar lived with Richpal during his life time and no separate share was given to Ishwar during the life time of Richpal. It was also averred that the decree holders are the owners of house in question and they are entitled for the possession of the same.

(3.) THE contention of the petitioner is that he is owner in possession of the plot No. 167 -A being legal heir of Richpal. It has not been mentioned in the application nor any evidence has been brought on record to prove that the house in question was separate property or a coparcenary property, how he had inherited the share of Richpal, nor it has been mentioned that who were the other legal heirs of Richpal except the petitioner.