INDRADEO SAH Vs. RAM NARESH SAH

JUDGEMENT

(1.) THE judgment -debtor -petitioner is aggrieved by the order dated 16.12.2000 passed by the Special Execution Munsif, Muzaffarpur, in Execution Case No. 1 of 1996 dismissing the objection raised by him with regard to executability of the decree on the ground of limitation.

(2.) THE facts necessary for disposal of the present application are that the decree -holder -opposite parties filed Title Suit No. 178 of 1969/20 of 1975 for declaration of title and recovery of possession in respect of six and half dhurs of survey plot no. 863 and 4 kathas three dhurs of plot no. 864 M under Khata no. 461, situated in village Panapur, District Muzaffarpur. The said suit was decreed on 23.3.1975 and the defendant -judgment - debtor first party was directed to deliver possession within a month.

(3.) IN the year 1996, an execution case was filed by the decree -holder - opposite parties for execution of the decree. The judgment -debtor -defendant failed to hand over the possession within the period stipulated in the decree. Thereafter, on 30.8.2000, the judgment -debtor filed an objection to the effect that the execution case was barred as it has been filed beyond 12 years from the date of trial court decree dated 23.3.75 in terms of Article 136 of the Limitation Act (for short 'the Act '). The executing court rejected the said objection, hence the present revision application.