KANSHI RAM Vs. NARAIN SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by Kanshi Ram decree -holder against the judgment of the executing court dated 7th August, 1979, holding that the final decree has become inexecutable.

(2.) THE case has got a chequered history. The suit for partition of Shamilat land was filed in the Court of the Senior Subordinate Judge, Rohtak, in January, 1948. Ultimately, a final decree for partition was passed by him on 7th November, 1970. An appeal against that decree was dismissed by the District Judge, Rohtak, on 2nd August, 1972. The second appeal (R.S.A. No. 1664 of 1972) to this Court was also dismissed on 18th August, 1978. During the pendency of second appeal, CM. No. 97 -C of 1978 was filed wherein an objection was taken that the decree had become inexecutable on account of insertion of Clause (4a) in Sub -section (g) of Section 2 of the Punjab Village Common Lands (Regulation) Act, 1961, hereinafter referred to as the Act. The said Sub -section defines 'shamilat deh'. That application was also dismissed along with the second appeal.

(3.) THE learned executing court came to the conclusion that Clause (4a) in Sub -section (g) of Section 2 of the Act inserted on 23rd June, 1973, had restrospective effect and therefore, by virtue of that clause read with Section 4(2) of the Act, the property in dispute vested in the Gram Panchayat. Consequently, it accepted the objection and held that the decree was inexecutable. Kanshi Ram decree -holder has come up in revision against the said judgment to this Court.