KALJI Vs. SANT LAL

JUDGEMENT

(1.) THIS Civil Revision has been directed against the judgment and order dated February 28, 1984 whereby the objection petition filed by the judgment debtors (the respondents) was accepted and second execution application filed by the petitioner (since deceased) was dismissed by the learned Executing Court.

(2.) THE brief facts are that a suit for possession by way of pre-emption filed by Sarvshri Sadhu Singh and Lila Singh sons of Udey Singh against Sant Lal and others was dismissed by Sub Judge, Dadri vide his judgment dated October 25, 1968 but in appeal the same was partly decreed for the land measuring 10 kanals 7 Marlas by the learned first Appellate Court vide judgment and decree dated March 14, 1969 subject to payment of Rs. 1,475/- by the pre-emptors. Sadhu Singh and Lila Singh (decree-holders) sold the aforementioned land in favour of Kalji Singh, present petitioner, but the possession was not delivered to him. Kalji Singh filed an application for execution of the decree dated March 14, 1969 so as to get the possession of the suit land purchased by him. One of the Judgment-debtors (Gopi Ram son of Moti Ram) filed objections upon which the Executing Court framed certain issues including as to "whether Kalji Singh was competent to get the decree executed passed in favour of Sadhu Singh and Lila Singh." The learned Executing Court vide order dated January 13, 1977 accepted the objection and relying upon the Full Bench judgment of this Court in the case of Hazari and others v. Zila Singh and others, AIR 1970 Punjab and Haryana 215, held that the proper remedy for Kalji Singh was to file a separate suit and he could not execute the decree even by invoking Section 146 or Order XXI, Rule 16 of the Code of Civil Procedure. Consequently, the execution application was dismissed. The vendee (Kalji Singh) did not file any appeal against the afore-mentioned order and the same attained finality.

(3.) I have heard Shri Ashok Aggarwal, learned Senior counsel for the petitioners and Shri Prabodh Mittal, learned counsel for the respondents besides perusing the record.