RATTAN CLIAND Vs. NEELAM PARKASH

JUDGEMENT

(1.) The petitioner and proforma respondent No.2 to 4 are the judgment debtors, whereas respondents No. 1 is the decree holder. In this revision petition the petitioner judgment debtor is aggrieved by the order dated 28.2.2001 passed by the Sub Judge 1st Class, Sarkaghat, District. Mandi, whereby it is ordered that he will be detained in civil prison for one I month and his movable and immovable property will be attached for his deliberately not obeying the decree dated 17.6.1996 passed in civil suitNo.149 of 1993 and affirmed on 13.8.1996 in civil appeal No.65 of 1996.

(2.) The brief facts of the case are that claiming himself as owner in possession of land comprising in khasra No. 1086/308/1, measuring 0 -00 - 26 hectares, situated in village Behar, Illaqua Suranga, Tehsil Sarkaghat, District Mandi (hereinafter called the suit land) the decree holder filed a civil suit for permanent prohibitory injunction restraining the judgment debtors from interfering in his possession over the suit land. The suit was decreed by the Sub Judge, Sarkaghat on 17.6.1996. The appeal filed by the judgment debtor -petitioner against the decree and judgment of the Sub Judge, was dismissed by the District Judge on 13.10.1998.

(3.) Thereafter the decree holder filed execution petition No.79 -X of 1998 complaining that about on month after the decree and judgment of the District Judge dated 13.10.1998, the judgment debtor started raising pillars over the suit land knowing fully well that he was restrained from making any construction thereon by the decree dated 17.6.1996 passed by the Sub Judge, Sarkaghat, which was affirmed on 13.10.1998 by the District Judge. Apprehending that the judgment debtors will put slab over the pillars raised by them, the decree holder prayed that the judgment debtors be sent to civil prison and their property be attached and sold to compel them to obey the decree passed against them and in the event of their completing the structure and raising pillars, the order for demolition thereof be also passed. Besides compensating him for the loss suffered by him.