BHURE KHAN Vs. HANSA

JUDGEMENT

(1.) the short question that falls for determination in this appeal arises out of a suit for possession at the instance of the plaintiff-respondents is as to whether the plaintiff, after being satisfied with the delivery of symbolic possession of the suit land in execution of decree in his favour passed in a suit for possession, could file a fresh suit for possession regarding that very land.

(2.) To appreciate the import of the question posed above, only a few relevant facts need be taken into consideration. These can be stated thus, Hansa plaintiff-respondent filed a suit for possession against Bhure Khan defendant-appellant regarding the suit land which is the subject matter of the present suit. The suit was decreed in execution of the decree, which was for joint possession, he was delivered symbolic possession of the land and the decree was consigned as having been satisfied. That was done on 30.4.1955. Hansa plaintiff filed the present suit for possession on 9.5.1961.

(3.) Both the Courts below have concurrently held that such a suit was competent and decreed the suit of the plaintiff.