NARINDER PARKASH Vs. DIAL SINGH

JUDGEMENT

(1.) This petition is directed against the order of the executing Court dated 11th October, 1984, whereby the objections filed on behalf of the judgment debtors were accepted.

(2.) The petitioner-decree-holder filed the suit for possession of land measuring 362 Kanals 8 Marlas which was decreed by the trial Court on 31st July, 1979. The said decree of the trial Court was maintained upto the High Court. When the decree-holder filed execution application, objections were filed on behalf of the judgment-debtors that there are certain subsequent events and, therefore, the decree is not executable. According to the judgment-debtors, out of the suit land, land measuring 320 Kanals 16 Marlas has been declared surplus and, therefore, the decree-holder was no more entitled to the possession of the same. According to the judgment-debtors, it was the State of Punjab which had become its owner after declaring the area as surplus and, therefore, the decree-holder was not entitled to execute the decree. Moreover, according to the judgment-debtors the said decree was against the provisions of Section 17 of the Punjab Land Reforms Act, 1972, and on that score also it could not be executed. These objections prevailed with the executing Court and consequently execution application was held to be not maintainable. Dissatisfied with the same, the decree-holder has filed this petition in this Court.

(3.) The learned counsel for the petitioner contended that as regards the order declaring the area surplus, the same has been challenged by him in this Court by way of Civil Writ Petition and the matter is still pending. In any case, argued the learned counsel, the judgment-debtors are bound by the decree passed against them and they cannot object to the same on that basis. According to the learned counsel, the approach of the executing Court in this behalf is wholly wrong, illegal and misconceived.