PALA Vs. MANGA AND OTHERS

JUDGEMENT

(1.) Appellant has filed this Execution Second Appeal against the judgment dated 05.08.2014 passed by Additional District Judge, Fatehabad vide which order dated 10.05.2012 passed by Additional Civil Judge (Senior Division), Tohana has been set aside and the objections filed by respondents No.1 to 3 in execution have been accepted.

(2.) Plaintiff-Appellant filed a suit for possession by way of pre-emption of land measuring 20 kanals 3 marlas comprised in Khasra Nos.104//11(8-0), 12(8-0), 112//5/1 (4-3) situated in the revenue estate of Samain, Tehsil Tohana, District Fatehabad. Suit was decreed by the trial Court vide judgment and decree dated 02.09.1993 and right of possession by way of pre-emption was given to the appellant. The operative part of the decree dated 02.09.1993 is reproduced as under:-

(3.) The aforesaid judgment and decree passed by the trial Court was assailed by the judgment debtor in appeal. Appeal was dismissed on 07.04.2006. Operative part of the said judgment is also reproduced here as under:-