NIRMAL SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) At the stage of execution, the judgment-debtor, who has come by a purchase from another co-sharer, has sought for obstruction for execution of the decree contending that since passing of the decree, he has himself become a co-sharer and, therefore, the property cannot be delivered. He cites his own suit instituted and pending before the very same Court for joint possession as giving him a right to cause obstruction. This objection was upheld and the decree-holder, who has suffered a setback in its execution, is before this Court in revision. I have seen through the decree. The decree is for possession of land measuring 1 kanal comprised in Rectangle No. 109, Killa No. 5(0-14), Rectangle No. 110, Killa No. 1 (0-6) in village Dharangwala within the specified boundaries. There are also other prayers in suit. The objection to execution now is that the judgment-debtor has, after the passing of the decree, become a co-owner of the property along with the decree-holder and, therefore, he cannot be dispossessed. The counsel also states before me the provision under Order 21 Rule 29 CPC that provides that the Court may stay the decree if the decree holder is himself a party in yet another suit where the judgment-debtor is the plaintiff, who seeks for a decree in his favour. The provision reads as follows:-

(2.) Under Order 21 Rule 29 CPC, the power of the Court to order stay is purely discretionary as the word expressed under the section would show that the "court may" on such terms as to security................. In this case, if the judgment-debtor has suffered a decree for possession and comes up by a subsequent acquisition, he is liable to surrender possession and work out his own rights in the suit which he has filed. A subsequent acquisition by a judgment-debtor cannot be used to prevent the plaintiff from executing decree which he has obtained on contest. I do not think the discretion which the above mentioned Section provides would require to be extended to a judgment-debtor, who purchased the property pending suit and after decree. The objection caused is ordered to be rejected and the impugned order is set aside. The civil revision is allowed. The Executing Court will proceed with further process in execution for delivery of the property.