BIMLA DEVI Vs. SARDOOL SINGH

JUDGEMENT

(1.) A decree for possession of land bearing Khasra No.1594/984/1 was passed in favour of the respondents and against the present revision petitioner, by learned District Judge, after modifying the decree of the trial Court. That decree of the learned District Judge was challenged by filing a Regular Second Appeal in this Court and it was pleaded that the above-described land, in respect of which decree for possession has been passed, had been acquired by the Government and, therefore, the respondents had no right, title or interest in that land and they were not entitled to decree for possession. That appeal was dismissed by this Court. No further appeal was carried to the Supreme Court. The decree passed by the District Judge, has, thus, attained finality.

(2.) Now, when the respondents filed Execution Petition, the present petitioner raised some objection that the land having been acquired by the Government, the learned District Judge could not have passed decree for possession in favour of the respondents. That objection has been dismissed by the Executing Court.

(3.) I have heard the learned counsel for the practitioner. Objection has rightly been rejected by the Executing Court, because this very objection was raised by the petitioner before this Court in the Regular Second Appeal and was rejected. Hence, the present Revision Petition is dismissed. Objections and the present petition being frivolous, petitioner is saddled with costs of Rs.5,000/-. In view of the dismissal of the main petition, pending application stands disposed of, having become infructuous.