PARVEEN KUMAR Vs. FIKKI

JUDGEMENT

(1.) The objections preferred by the judgment debtors to the execution petition filed by the decree holders have been partly allowed by the learned Executing Court vide order dated 29.8.2014, which is impugned herein by the decree holders. In terms of this order, instead of actual possession, only symbolic possession of the suit land has been ordered to be delivered to the decree holders.

(2.) 2(i) A civil suit was instituted by S/Shri Rania and Chuni Lal, both sons of Shri Litru on 29.12.1995. The plaintiffs asserted themselves to be owners alongwith other co-sharers of the suit land comprised in Khata No. 39 min, Khatauni No. 83, Khasra No. 77, measuring 0-00-43 HM, situated in village Tutwan, Sub Tehsil Fatehpur, District Kangra, on the basis of jamabandi for the year 1989-90. The allegations in the plaint were that the defendants were neither the owners nor the tenants over the suit land. Yet they had forcibly taken over the possession of the suit land in January 1988 an illegal and unlawful manner. Therefore, decree for vacant possession of the suit land was prayed for. Learned trial Court on 2.11.1998, decreed the suit of the plaintiffs against the defendants for vacant possession of suit land. The operative part of the judgment reads as under:

(3.) Heard learned counsel for the petitioners and gone through the record.