SHIV NATH Vs. BASANTA

JUDGEMENT

(1.) This judgment will dis-pore of execution second appeals Nos. 1 and 2 of 1975 since common questions of law and fact have to be decided.

(2.) The relevant facts are these. On 18th January, 1960, final decree for possession of the agricultural land in question was passed in favour of Shiv Nath The decree holder made an application for execution of the decree on 3rd March. 1965. Tt was dismissed on 21st August. 1905, as being barred by time Second application was made on 26th August, 1965. It met the same fate. The third application for execution was made on 29th January, 1966. The decree holder claims that he got possession of the suit land on 18th June, 1966. The judgment-debtor who does not admit this fact, made an application on 30th November, 1970. He denied possession having been delivered to the decree holder. The executing court accepted the objection application holding that the application for execution was time barred and that the judgment-debtor was never dispossessed from the suit land. The decree holder appealed to the District Judge who dismissed the appeal.

(3.) Mrs. Malhotra, learned counsel for the decree-holder appellant contends that Section 31 of the Indian Limitation Act, 1963 is not applicable and, therefore, the application for execution could not bo dismissed as barred by time. At this stage Section 31 may be noticed. It reads thus :