SOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) On a request made by the learned counsel for the petitioners, at the out set, the present petition is treated to be a petition filed under Article 227 of the Constitution of India.

(2.) The decree holders are the petitioners before this court. A decree dated February 26,1991 was passed by the learned trial court qua possession of the suit land. The execution of the aforesaid decree was sought by the decree holders. The defendant-judgment debtors (State of Haryana and District Forest Officer) claimed that they were entitled to cut and remove the trees standing on the land in question. The executing Court vide order dated August 13,1996 had accepted the plea of the judgment debtors and has held that the judgment debtors can remove the trees from the suit land. It had also been found by the executing court that the trees in question were sown by the defendant-judgment debtors.

(3.) Shri Adarsh Jain,learned counsel appearing for the plaintiffdecree holders has referred to para 6 of the judgment dated February 26,1991. My pointed attention has been drawn to the following portion of the judgment: