NIRANJAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Mr. D.S. Nehra, learned counsel for the petitioners, states that the dispute in this writ petition survives only about the land measuring 52 Kanals 7 Marlas in occupation of Jagat Singh respondent No. 3. According to him, the possession of the land in occupation of the remaining contesting respondents has since been taken by the petitioners in execution of the civil Court decrees (A.1 to A.4) obtained by them against the respective respondents.

(2.) The learned counsel for the contesting respondents does not accept the statement of Shri Nehra about the petitioners having taken possession of the land from the contesting respondents other than respondent No. 3 as correct. The fact that the petitioners have taken possession of the land from the contesting respondents other than respondent No. 3 in execution of the decrees (A.1 to A.4) or not is not material for the purpose of this writ.

(3.) The petitioners obtained a decree for possession on December 19, 1966, from the Court of Subordinate Judge, Phagwara, against respondent No. 3 with respect of land measuring 52 Kanals 7 Marlas. Respondent No. 3 preferred an appeal against that decree and the same is still pending in the Court of the District Judge, Kapurthala.