TILAK RAJ Vs. BANKA RAM

JUDGEMENT

(1.) THE present revision petition has been directed against the order passed by the learned Senior Sub Judge, Hamirpur dated28.1.2002 in Objection Petition No.1 of 2000/2001 in execution petition No.41/1995.

(2.) BRIEF facts necessary for the adjudication of this revision petition are that the predecessor -in -interest of the respondents Sh. Munshi Ram (hereinafter referred to as ˜the decree holder for convenience sake) filed a suit in the year 1968 against Sh. Bhagwan Dass, predecessor -in -interest of the petitioners (hereinafter referred to as ˜the judgment debtors for convenience sake). The suit was assigned Civil Suit No. 216 of 1968. It was decreed by the learned Sub Judge, Hamirpur on 13.7.1971. The appeal was preferred against the judgment in the Court of learned District Judge. The learned District Judge vide his judgment dated 4.8.1973 in civil appeal No. 65/72 accepted the appeal and set aside the judgment of the trial court. The plaintiff -decree holder filed Regular Second Appeal in this Court and the same was accepted on 11.11.1983. The judgment and decree of the trial court was upheld. The defendants -judgment debtors agitated the matter before the Honble Supreme Court. The appeal was dismissed by the Honble Supreme Court on 30.3.1995. Thereafter the execution petition was filed in the court of learned Senior Sub Judge, Hamirpur bearing No. 1/2000/2001 on 7.2.2000. The defendants -judgment debtors filed objections against the execution petition. The primary stand of the defendants -judgment debtor was that in view of the judgment rendered in subsequent civil suit No. 191 of 1980/ 53/1983 decided on 28.8.1983 the execution petition was not maintainable. The decree holder filed the reply. It was, inter alia, contended that the decree as such was liable to be executed and subsequent events pertaining to the suit land have no bearing. The learned Senior Sub Judge dismissed the objections on 28.1.2002. The present petition is filed against the order dated 28.1.2002.

(3.) MR . Ankush Dass Sood, Advocate has relied upon section 54 of the Transfer of Property Act, and has also drawn the attention of the Court to the Punjab Pre -emption (Himachal Pradesh Repealing) Act, 1987. He finally contended that the judgment and decree passed by the learned Sub Judge dated 13.7.1971 has attained finality after the SLP preferred by the judgment debtor was dismissed by the Apex Court on 30.3.1995.