BHAJAN SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) This revision petition is directed against an order dated 5th January, 1987 passed by the learned Sub Judge Ist Class, Phagwara. The facts culminating to this order are that the decree-holder/respondents filed a suit for possession of land measuring 275 Kanals 2 Marlas situated in village Sunra Rajputan Tehsil Phagwara against one Shri Jagjit Singh Rosha. During the pendency of the said suit, an application was made by the defendant for stay of its proceedings on the ground that the subject-matter of the dispute was pending adjudication in an appeal in this Court against judgment and decree dated 23rd January, 1974. The trial Court required the defendant to furnish the security for mesne profits to the extent of Rs. 1,00,000/- before any order staying the proceedings could be passed. The petitioner stood surety for the defendant. The surety bond for Rs. 1,00,000/- was tendered in the Court. The same was accepted and attested by it. Thus, the proceedings in the suit were stayed and the file was consigned to the record.

(2.) The Letters Patent Appeal of the defendant pending in this Court was decided on 26th July, 1984 whereafter the respondents made an application in the trial Court for restoration of the suit and for grant of a decree for possession of the suit land. They also prayed that the surity bond furnished by the petitioner should be enforced and the amount of Rs. 1,00,000/- should be recovered from 6 Acres of land belonging to him situated in village Nagal Majja.

(3.) The suit of the respondents was restored and the same was decreed by the trial Court on 4th December, 1986. The order dated 5th January, 1987 which is impugned in the present revision petition by the petitioner was passed for enforcing the surety bond. The order is to the effect that warrants for sale of land measuring 6 Acres belonging to the petitioner should be issued.