HARDEEP KAUR GANDHI Vs. AJIT LAJWANTI GUJRAL TRUST

JUDGEMENT

(1.) This Court, upon, allowing Civil Revision No. 7 of 2015, as stood, earlier instituted before this Court, by the Judgment debtors, hence, made an order of remand, vis-a-vis, the learned executing Court, for enabling the latter to make, a, pronouncement, vis-a-vis, the objection(s) raised by the judgment debtors qua the conclusively drawn decrees, of, possession, rather being void, (i) given the decree holders/trust, in contemporaneity, vis-a-vis, the registration, of the Trust, rather infracting the mandate, enshrined in Section 118, of, the Himachal Pradesh Tenancy and Land Reform Act, (ii) wherein also any alienation of land, vis-a-vis, any non agriculturist, inclusive of, a, trust stands rather prohibited. In pursuance to the order of remand, made by this Court, the executing court, has made, the impugned orders, and, has thereupon proceeded to dismiss, the objections, of the judgment debtors/petitioners herein, and, has in making the afore order of dismissal, hence, assigned the hereinafter extracted reasons, borne in paragraphs No. 26 to 32, of, the impugned order:-

(2.) The vigour of the afore contention, raised before this court by the learned counsel, appearing for the petitioners/JDs, is, founded, (i) upon the factum, qua the statutory bar contemplated in Section 118, of, the Himachal Pradesh Tenancy and Land Reform Act, wherethrough, a prohibition, is, cast against alienation of lands/buildings, as, occur, in contemporaneity, vis-a-vis, the registration of the Trust, (ii) and, also he submits that with the Trust not being an agriculturist, (iii) thereupon, the sway of the afore prohibition, as, contemplated in Section 118, of, the Himachal Pradesh Tenancy and Land Reform Act, also taking within its domain, the, Trust/decree holder, (IV) and, therefrom he contends, that, any order of THE Collector, borne in Ex.OW3/D, wherethrough, he hence validated the registration, of, the apposite Trust, being not construable, to also take rather within its ambit, the mandate of Section 118 of Himachal Pradesh Tenancy and Land Reform Act, (v) given the jurisdiction exercised, by the Registering Officer, under the Registration Act, being distinct, from, the proceedings, drawn, under the Himachal Pradesh Tenancy, and, Land Reform Act, (vi) and, when, the, Collector concerned, has not drawn apt proceedings, under, the Himachal Pradesh Tenancy and Land Reform Act, vis-a-vis, the decree holder trust, nor has on culmination, thereof, hence, disaffirmed, the, attraction, vis-a-vis, it, the prohibition of the mandate, as, encapsulated in Section 118 of the Himachal Pradesh Tenancy and Land Reform Act, (vii) thereupon, no merit being assignable, for the afore purpose, vis-a-vis, Ex.OW3/D, an order made by the Registering Officer concerned, hence, accepting the validity of the registration, of, the apposite Trust Deed. However, the afore submission cannot be accepted. (a) As a perusal of the written statement, instituted to the plaint, by the judgment debtors, rather unfolds qua his making the afore espousal also therein, (b) and, when the lis has travelled, upto, the Hon'ble Apex Court, and, the afore contention, has been thereupto, hence dwelt upon, (c) and, thereupon, now the Jds/petitioners, cannot hence proceed, to, on, the, afore anvil, make any contention, before this Court, for, nullifying therethrough, the conclusive, and, binding verdicts recorded, upon, the apposite civil suit, under, the purported pretext, vis-a-vis, the decree holder trust, though, attracting the bar of Section 118, of, the Himachal Pradesh Tenancy and Land Reform Act, hence it being interdicted to make any valid strivings, to, execute the apposite conclusive, and, binding decrees, (d) conspicuously, on anvil of hence, the binding and conclusive verdicts, being purportedly ingrained with any purported vices, of , voidness or being nonest, vices whereof, rather ensuing from, no, valid right, title or interest rather inhering in the decree holder trust, for hence it instituting a suit, for, therethrough, it, obviously hence obtaining, the, apposite verdicts or decrees.

(3.) Even otherwise, a perusal, of, the application, for, execution of the decree, instituted, before the learned executing Court, reveals, qua the decree holders rather espousing for coercive execution, of, decree of possession, visa-vis, the property detailed in Schedule-I.