BHAGWANT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS order will also dispose of civil revisions Nos. 2629, 2630, 2631 and 2032 of 1987 as the question involved is common in all these cases.

(2.) THE whole approach of the executing Court is wrong and misconceived. The decree holder was required to prove either of the two and not both of them. His case was that his land was within 500 meters from the fencing of the Cantonment, which he has amply proved on record by cogent evidence. The executing Court has erred in observing that the claimant was to prove that his land was within 500 metres from the municipal limits.

(3.) CONSEQUENTLY all these petitions succeed, the impugned orders are set aside and the objection petitions filed on behalf of the Union of India stand dismissed. The parties are, directed to appear before the executing Court on 18.1.1989. The Court will take further proceedings in accordance with law.