MADAN SINGH Vs. HIRA LAL AND OTHERS

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed order dated 10.1.2018 (Annexure P-9), vide which objections filed by petitioner to the execution filed by decree holders stand rejected by learned Executing Court.

(2.) Brief facts necessary for adjudication of the present case are as under:- Respondents-decree holders filed an Execution Petition for possession of the suit land comprised in khasra No. 624 (old), new khasra No. 119, situated in Phati Shirad, Tehsil and District Kullu, as per decree dated 5.7.1955 passed in favour of the predecessor-in-interest of decree holders.

(3.) According to the decree holders, their predecessor-ininterest, Sohan Lal, had filed a suit against the predecessor-ininterest of judgment debtors with regard to khasra No. 624 situated in Phati Shirad, Tehsil and District Kullu measuring 0-7-65 hectares i.e., Civil Suit No. 25/1954 which was decreed vide decree dated 5.7.1955, wherein Sale Deed pertaining to the suit land was set aside by holding that the same was without any need and predecessor-in-interest of decree holders were held entitled to the suit land after the death of Sarsuti Devi predecessor-in-interest of JD No.1 on payment of Rs. 350/-.