RAJESHWAR Vs. LACHHI RAM AND OTHERS

JUDGEMENT

(1.) OBJECTOR Rajeshwar has filed this revision petition under Section 115 of the Civil Procedure Code impugning order dated 23.5.1994 (Annexure P -6) passed by the executing Court. Respondent No. 1 Lachhi Ram as plaintiff filed civil suit No. 312 of 1986 against respondents No. 2 and 3 Rameshwar and Rakesh Kumar as defendants for possession of 29 Kanal 10 Marlas land being 1/2 share of 59 Kanals land described in the plaint.

(2.) TRIAL Court vide judgment dated 13.1.1989 (Annexure P -3) dismissed the said suit. However, first appeal preferred by the plaintiff against judgment (Annexure P -3) was allowed partly by the lower Appellate Court vide judgment dated 7.8.1989 (Annexure P -4) and the suit was dismissed regarding 16 Kanals land of Rectangle No. 38, Killa Nos. 8/2 (4 -0), 9 (8 -0) and 10/2 (4 -0) and the suit was decreed for possession of 13 Kanals 10 Marlas land out of the total land measuring 59 Kanals excluding aforesaid 16 Kanals land.

(3.) DECREE holder resisted the objections filed by the petitioner. Averments made in the objections were controverted.