KASTURI RAO Vs. MEHAR SINGH

JUDGEMENT

(1.) THIS order will deal with the two execution appeals Nos. 6 (P) and 7 (P) of 1956, in both of which the same point is involved.

(2.) THE facts are that the appellant-decree-holders obtained two decrees for possession of land and the-recovery of sums of money from the Court of the Sub-Judge, Second Class, Sangrur. The decrees were passed on 10-5-1948. At that time the land being, the subject-matter of the decree was situated within the territorial jurisdiction of the Sub-Judge, Sangrur. Subsequently, the territorial jurisdiction of the Sangrur Court was altered and the land now lies within the territorial jurisdiction of the Sub Judge, Sunam. After this change two execution applications were filed by the decree-holders in the Court of the Sub Judge, sunam. An objection was taken that the execution applications could not be entertained by the Sub Judge, Sunam. This objection was upheld and the two applications for execution were dismissed. The learned District Judge of Sangrur upheld this decision on appeal. The decree-holders have come up in second appeal to this Court.

(3.) THE question, therefore, for decision is whether these execution applications should have been filed in the Court of the Sub Judge, Sangrur, or the Sub Judge, sunam, was competent to entertain them. For the decision of this case it is necessary to consider the provisions of Sections 37, 38, 39 and 150, Civil procedure Code. The relevant portions of these sections may be quoted.