SWARAN SINGH Vs. RAJ KUMAR

JUDGEMENT

(1.) PRESENT petition has been instituted against the order dated 16.6.2009 passed by the learned Civil Judge (Junior Division), Barsar in Execution Petition No. 26 of 2005.

(2.) MATERIAL facts, necessary for adjudication of this revision petition are that the Respondent/Plaintiff/decree holder (hereinafter referred to as 'decree holder' for brevity sake) instituted a suit along with one Shankari Devi for possession against the Petitioner/Defendant/ judgment debtor (hereinafter referred to as the 'judgment debtor' for brevity sake) qua house shown as "ABCD" in the site plan and for vacant possession of the same after demolition of the building shown as "EFHGAD" situate in Abadi Tika of village Techh Tappa Ransara, Tehsil Barsar, District Hamirpur comprised in Khasra No. 276, Khata No. 105 min, Khatauni No. 105 min. The suit was dismissed by the trial Court. The decree holder preferred an appeal before the learned District Judge, Hamirpur. The learned District Judge accepted the appeal and the judgment and decree dated 7.11.2003 passed by the learned Civil Judge (Junior Division), Barsar was set aside. The suit was decree for possession of the house shown as ABCD in the site plan Ex.PW -3/A and vacant possession after demolition of the building shown as EFGHAD in the site plan Ex.PW -3/A. The judgment and decree passed by the learned District Judge, Hamirpur was assailed by the judgment debtor by way of regular second appeal No. 136 of 2005. Same stood dismissed. Thereafter the decree holder filed execution petition in the Court of Civil Judge (Junior Division), Barsar on 20.9.2005. The judgment debtor filed reply to the same. According to him, the execution petition was not maintainable since he had purchased the disputed land vide sale deed No. 403, Jild No. 38, dated 10.8.2005 from the brother of decree holder for a consideration of Rs. 10,000/ - and possession of the same was delivered/admitted by the vendor to the vendee on the spot. The learned Civil Judge (Junior Division) vide order dated 16.6.2009 decided the execution petition and warrant of possession was issued against the judgment debtor to the Collector with a direction to execute the judgment and decree passed by the learned District Judge, Hamipur, dated 1.2.2005 and submit report to him on or before 22.8.2009. Hence, this revision petition against order dated 16.6.2009 passed by the learned Civil Judge (Junior Division), Barsar, District Hamirpur.

(3.) I have heard the learned Counsel for the parties and gone through the pleadings carefully.