KAMLA DEVI Vs. JASWANT SINGH DOD

JUDGEMENT

(1.) This petition is filed by the petitioner against an order passed by Sub Judge, 1st Class Court No. 1, Rohru, Camp at Jubbal, on July 8, 1997 in Execution No. 8/10 of 1992.

(2.) It appears that there was dispute between the petitioner and the respondents in respect of lands bearing Khasra Nos. 397/1, 397/2 and 397/3. A decree was passed on January 15, 1988, which was challenged and the District Court passed a decree on September 30, 1988. The proceedings were then taken to this Court and the matter was finally concluded by a judgment of FAO No. 151 of 1988 of the Division Bench of this Court on September 17, 1991. While disposing the appeal, he Division Bench observed "As a result of the above discussion, we have no hesitation whatsoever in up -holding the report of the learned Local Commissioner. Its net result would be that land measuring 3 Bighas comprised in khasra No. 397/1 shown in the Tatima at Annexure -B to the report of the learned Local Commissioner would hence -forth be in possession of the respondents as owners thereof. Similarly, khasra No. 397/2 measuring 3 bighas 3 biswas out of the land in dispute and the remaining part of khasra No. 397 shown as 397/3 in the Tatima at Annexure -B would be in exclusive possession of Kamla Devi as owner thereof. The respondents would stand restrained by way of a permanent injunction from interfering in peaceful possession of khasra No. 397/2 and khasra No. 397/3 held to be in possession as owner of Kamla Devi. F.A.O. No. 151/88 is accepted accordingly, and the order of remand dated 30.9.1988 is hereby set aside. A decree sheet would be prepared in the above terms in Civil Suit No. 15/1 of 1986 registered in the Court of the Subordinate Judge, Rohru. There will be, however, no order as to costs."

(3.) The above directions of this court were clear. According to this court, the land admeasuring 3 Bighas, comprised of Khasra No. 397/1 belonged to the respondents, whereas lands bearing Khasra No. 397/2 admeasuring 3 Bighas 3 Biswas as also Khasra No. 397/3 would be in exclusive possession of the petitioner. The respondents were restrained from interfering with the possession of the petitioner.