SHIROMANI G P COMMITTEE AMRITSAR Vs. JALAUR SINGH

JUDGEMENT

(1.) The learned Additional District Judge, Barnala has made this reference under S.113 of the Code of Civil Procedure for the opinion of this Court about his jurisdiction to entertain the execution application in the wake of the two conflicting judgments of this Court. This reference initially was placed before a learned Single Judge, who vide his order dt. 6th Jan, 1984, in the wake of the two conflicting views, directed the matter to be disposed of by a larger Bench. This is how we are seized of the matter.

(2.) In order to appreciate the controversy, certain salient features may be noticed : -

(3.) Shiromani Gurdwara Parbandhak Committee, Amritsar (hereinafter referred to as the Committee) obtained a decree for possession of land and other property on 29th July, 1965 against Jalaur Singh and Partap Singh. This decree was passed by the then District Judge, Barnala and was upheld by this Court vide judgment dt. 28th Oct, 1975. During execution proceedings, the judgment-debtor raised an objection that the Executing Court had no jurisdiction as the Court of the District Judge, Sangrur alone was competent to execute it. This objection was contested on behalf of the decree-holder on the plea that the decree sought to be executed was passed by the learned District Judge, Barnala and, in view of Notification No. 408. Gaz/XI.E.II, dated 4th Nov, 1966, issued by this Court, which reads in the following terms, the Court of the Additional District Judge, Barnala was fully competent to execute the decree : -