NIRANJAN SINGH Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) This second appeal arises out of the following facts.

(2.) The plaintiff-appellant filed the present suit for possession of land measuring 11 Kanals 15 Marlas, as described in the heading of the plaint on the basis of ownership. It was alleged in the plaint that he had obtained decree for possession of land measuring 17 Kanals 18 Marlas against the defendant-respondents on May 24, 1961 but in execution proceedings, he could not get the actual possession of the land and only symbolic possession was delivered as the consolidation proceedings had then started. It was further alleged that the land in suit was allotted in consolidation of holdings to respondents in lieu of the land which was decreed in favour of the plaintiff-appellant.

(3.) The allegations were controverted by the defendant-respondents who raised preliminary objections that the suit was not maintainable as the decree had been executed and plaintiff was delivered possession vide Court's order dated April 14, 1962 and the decree has ceased to exist; and that no decree of the land in suit was ever granted in favour of the plaintiff-appellant nor was it allotted in lieu of old numbers after consolidation of holdings. It was also pleaded that Section 47 of the Civil Procedure Code was a bar to the present suit. The parties contested on the following issues :-