MAHLI DEVI AND ANOTHER Vs. JAGDISH CHAND

JUDGEMENT

(1.) This petition is instituted against the order dated 20.7.2007 rendered by the Civil Judge (Senior Division), Palampur in C.M.A. No. 192/2003.

(2.) "Key facts" necessary for the adjudication of this petition are that the petitioners-plaintiffs-decree holders (hereinafter referred to as the "decree holders" for convenience sake) had instituted a suit bearing Civil Suit No.3/95, titled as Mahli Devi and another Vs. Jagdish Chand. The suit was partly decreed on 16.12.1999. The decree holders were declared to be owners in possession of land comprising Khasra Nos. 313, 332, 311, 312, 333, 318, 331, 314 and 315 measuring 0-16-11 alongwith other co-sharers and the entry showing the judgment debtor as "Davedaar Bai" or vendee over Khasra Nos. 314 and 315 was declared wrong and illegal. Defendant was restrained from interfering over the suit land. Decree holders filed a petition under order 21 (1) (5) of the Code of Civil Procedure for the execution of the judgment and decree dated 16.12.1999 rendered in Civil Suit No. 3/95. According to the averments made in the petition, judgment debtor took forcible possession of the suit property on 15.8.2003 in the absence of decree holders and they were refusing to hand over the possession of the same.

(3.) Judgment debtor contested the petition. Judgment Debtor admitted that judgment and decree dated 16.12.1999 was passed against him. It was also admitted that the appeal filed against the judgment and decree dated 16.12.1999 was dismissed by the appellate Court. According to the Judgment Debtor, even prior to filing of civil suit No. 3/1995, the house of judgment debtor comprising of five rooms was in existence.