SADHU Vs. GRAM PANCHAYAT OF VILLAGE AKALIAN

JUDGEMENT

(1.) This revision petition arises out of an order of the executing Court dated 23-10-1987, accepting the objections raised by the respondent.

(2.) The facts and state of circumstances leading to the litigation under which this revision petition has come up before me, are that petitioner Sadhu son-of Lachhman decree-holder had brought a. suit for injunction to restrain the Gram Panchayat from selling. cutting or dealing, in any other manner with the trees standing in the land in dispute. The judgment-debtor was sued through Rulia Ram the then Sarpanch. The suit was decreed on 21-2-1980 in civil suit No. 254 of 1979.

(3.) After almost a lapse of six years, the petitioner sought the execution of the decree dated 4.2.1980. The respondent-Gram Panchayat, judgment-debtor preferred numberous objections to the execution of the said decree including that the decree was void inasmuch as the then Sarpanch Rulia Ram was never authorised to appear or defend the Gram Panchayat in the said suit resulting in the decree sought to be executed. He was never authorised to give any statement on behalf of the judgment-debtor accepting the claim of the decree holder and the statement which was alleged to have been made by him was unauthorised, illegal and not binding on the judgment-debtor. The Gram Panchayat claimed the absolute ownership of the land in dispute as well as the trees standing thereon. The inherent jurisdiction of the civil Court to pass the decree was also challenged.