JAI SINGH Vs. GAFOORA

JUDGEMENT

(1.) This revision petition has been directed against the order dated 16.2.1999 of the learned Sub Judge 1st Class (1) Paonta Sahib, in Execution Petition No. 77/10 of 1997, dismissing the objections preferred by the petitioner under Section 47, Code of Civil Procedure, as also the application made by the petitioner under Order 6 rule 17, Code of Civil Procedure, for the amendment of the objection petition preferred under Section 47, Code of Civil Procedure, (for short: the Code).

(2.) Briefly, the facts of the case leading to the present petition may be thus stated. The respondent Smt. Gafoora was granted a consent decree in Civil Suit No. 184/1 of 1984 on 10.9.1985, against the petitioner for possession of the land measuring 6.16 bighas being 1/2 share in the land measuring 13.12 bighas comprising of Khata/Khatoni No. 65/127 -128 and Khasra No. 133 of village Surajpur in Tehsil Paonta Sahib, District Sirmaur, on payment of Rs.13, 300/ - by way of pre -emption. Under the terms of the decree, the respondent was required to pay/deposit the pre -emption amount within 45 days of the date of the decree. The entire pre -emption amount was paid/deposit in the stipulated period. The respondent thereafter on 31.5.1997, entitle application for execution of the decree dated 10.9.1985 for being placed into the possession of the land in question.

(3.) The petitioner preferred objections under Section 47 of the Code of the execution proceedings. Two specific objections were raised, namely, the decree dated 10.9.1985 was not executable since the Punjab Pre -emption Act stood repealed and abolished, and that the execution application was barred by time.