RAMSUNDARI DEVI Vs. SATBAN SINGH

JUDGEMENT

(1.) This civil revision petition has been filed against an order dated 24th June, 1977.

(2.) By the impugned order, the court below refused to grant delivery of possession on the ground that the decree did not mention about the delivery of possession of the suit land.

(3.) In this connection, learned Counsel for the petitioners has relied on a Division Bench decision of this Court in Atal Behary Acharya v. Barada Prasad Banarji A.I.R. 1931 Patna 179. In that case, the Division Bench has held that if there is no prayer for delivery of possession either in the plaint or in the decree, the executing court is not debarred from granting delivery of possession of the suit property to the plaintiff. In the present case, there is a prayer in the plaint for delivery of possession of the suit property.