RAJWANT SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This revision is directed against the order dated 21.8.1993 passed by the executing Court.

(2.) Mohinder Singh filed a suit for mandatory injunction directing the defendant to cut the trees standing on the joint Butt between the land comprising Khasra Nos. 27/1/2, 10/1, 11/2 and 20/1 owned by the defendant and the land comprising Khasra Nos. 27/1/1, 10/2, 11/1 and 20/2 owned by the plaintiff in the area of village Tohang, Tehsil Phillaur as per the jamabandi for the year 1981-82. The suit was disposed of by judgment and decree dated 6.2.1985 by passing the following order-

(3.) The decree holder perhaps felt aggrieved by some action of the judgment debtor. He consequently took out execution. The executing court by order dated 21.8.1993 appointed Shri Amrik Singh, Kanungo as local commissioner. He was directed to inspect the spot and to give report whether there exists any trees within five feet of the common Butt comprising of Khasra Nos. 27/12, 10/2, 11/2 and 20/1 owned by the judgment debtor and Khasra Nos. 27/1/, 10/2, 11/2 and 20/2 owned by the decree holder. It was further directed that the trees existing within five feet of the common Butt be got uprooted. It is this order of the executing court which is under challenge in this revision petition.