HARI DASS Vs. AMAR PAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioner -judgment debtor against the order dated 17.6.2005 passed by the learned executing Court (Civil Judge Senior Division), Rajgarh camp at Sarhan, dismissing the objections filed by the judgment debtor during the pendency of the execution petition and directing the issuance of warrant of possession as per the Civil Court decree.

(2.) The facts which are relevant for the decision of the present petition are that the Civil Court decree which was finally passed was a decree for possession qua Khasra No. 1695/1235, measuring 3 biswas after demolition of structure. For the execution of the said decree, the decree holder filed the execution petition before the executing Court. During the pendency of the said execution petition, the judgment debtor filed objection petition to the effect that under the garb of the Civil Court decree, the decree holder was bent upon to demolish the house of the judgment debtor, which was situated in Khasra No. 1696/ 1235. It was alleged that at the time of demarcation, the judgment debtor was put into possession of separate parcel of land and by executing the Civil Court decree the decree holder would be enjoying the benefit of two different parcels of land. It was alleged that the real controversy between the parties could be decided by way of demarcation at the spot by some competent revenue officer to identify the land at the spot. The decree holder filed reply to the said objections taking up the preliminary objection that the Civil Court decree had already become final between the parties. It was further alleged that the civil Court decree could be effectively executed at the spot and that the suit land was well demarcated by the Tehsildar on 30.5.2002 as per the demarcation report, copy of which was attached. It was accordingly prayed that the objection petition may be dismissed.

(3.) After hearing both sides and perusing the record, the learned executing Court dismissed the objection petition holding that the executing Court could not go behind the decree. Resultantly warrant of possession was ordered to be issued as per the Civil Court decree. Aggrieved against the same, the judgment debtor filed the present revision petition in this Court.