RAMJI DASS Vs. TILAK RAJ

JUDGEMENT

(1.) This Judgment shall dispose Civil Revision petitions Nos. 1691 and 1692 of 1936.

(2.) A decree for possession by way of preemption was passed by the trial Court in favour of the decree-holder respondent and against judment-debtor petitioner on 4th October, 1968. An appeal filed by the petitioner against the same was dismissed on 19th March, 1970. The respondent filed an application for execution of the said decree on 28th March, 1981. The petitioner filed objections, inter-alia, to the effect that the execution application had been filed more than 12 years after the decree of the trial Court and, therefore, it is barred by time. These objections have been dismissed by the Executing Court vide order dated 15th April, 1986. The present revision petitions are directed against the same.

(3.) The appeal of the petitioner was dismissed by the trial Court, on 19th March, 1970. The decree of the trial Court merged in the decree of the Appellate Court. It is thus, the decree passed by the appellate Court, which is to be executed. The execution application has been filed well within the period of limitation from the date of the decree of Appellate Court. There is, therefore no force in these revision petitions which are consequently dismissed. The parties are, however left to bear there own costs.