KAPOOR SINGH Vs. ANOOP SINGH

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Additional Civil Judge (Senior Division), Nawan Shahar dated 31.3.1997 vide which the application filed by the judgment debtor praying that a warrant of possession be not issued in execution petition was dismissed.

(2.) The facts of this case are hardly at dispute. Plaintiff Anoop Singh had filed a suit for separate possession of half share of the property described in the plaint. He claimed to be co-owner of the property to the extent of the aforestated share. Plaintiff and the defendants are the brothers. The defendants while contesting the suit admitted the relationship but stated that property is joint and the share of the plaintiff is only to the extent of 1/6th. The learned trial Court vide judgment and decree dated 31.10.1985 passed a decree for possession by way of partition. Appeal against this judgment and decree was partly accepted by the learned Additional District Judge, Jalandhar, who vide judgment and decree passed in appeal dated 1.4.1989 held as under:-

(3.) The learned Counsel for the petitioner relying upon the case of Cantonment Board, Secunderabad v. G. Venketram Reddy and Ors., A.I.R. 1995 Supreme Court 1210 has argued that the decree was unexecutable because it was not adequately stamped. The conditions precedent to a financial decree were not satisfied in the present case, as such warrant of possession cannot be issued.