STATE OF HARYANA Vs. LAJWANTI

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 28-5-2005 passed by the learned Civil Judge (Sr. Divn.), Jind, vide which the objection petition filed by the State of Haryana- petitioner herein has been rejected.

(2.) The decree-holder Smt. Lajwanti filed a suit for possession claiming herself to be owner of land measuring 12 Kanals 5 Marlas. It was the case of the plaintiff-decree holder that the petitioner herein had taken possession of her property without her consent. As the State failed to give back the possession of her land, a notice under section 80 CPC was served on the petitioner-State calling upon it to hand over the possession of the land. Since the State had failed to take any action on the said notice, the suit for possession was filed which was dismissed by the learned trial Court on 22-12- 1993. However, the appeal filed by the plaintiff was allowed by the learned District Judge, Jind, vide order dated 19-12-1997. The operative part of the order passed by the learned lower Appellate Court reads as under:-

(3.) In the execution application, objections were filed by the petitioner-State herein alleging that the decree was obtained by the decree-holder by playing a fraud on the State as she failed to disclose that in pursuance to the acquisition of land, an award was passed and thereafter the possession was taken and thus in view of this it was claimed that the decree obtained by fraud is nullity and, therefore, was not executable. The learned executing Court dismissed the objection petition by observing as under:-