MUNNI DEVI Vs. VISWAKARMA MANDIR TRUST

JUDGEMENT

(1.) This Revision petition has been preferred against the Order dated 21.12.1995 passed by the Munsif, Ranchi in Misc. Case No. 2 of 1993 arising out of the Execution Case No. 1 of 1992, where by the application filed under Section 47 of the Code of Civil Procedure challenging the executability of the decree has been rejected.

(2.) The Title Suit No. 205 of 1973 was filed by Viswakarma Mandir Trust through its the then President, Baldeo Viswakarma for eviction of the petitioners and for delivery of possession of the suit property. The suit was decreed vide judgment dated 31.1.1976.It should be mentioned here that during the pendency of the suit, Baldeo Viswakarma died. Then Lakshman Viswakarma in capacity of its President had continued the suit. After the decree was passed the petitioners preferred Title Appeal No. 32 of 1976 and the appeal was allowed by the 1st Appellate Court and the decree for eviction as granted by the original Court was set aside vide judgment and decree dated 25.1.1978. Then the plaintiffs of the suit i.e. Viswakarma Mandir Trust filed Second Appeal No. 74 of 1978 (R) before this Court and the said appeal was allowed vide judgment and decree dated 5.9.1985 and the Eviction decree was granted.

(3.) Although, the eviction decree was granted in the Second Appeal in the year 1985 the decree holder levied execution case after seven years being Execution Case No. 1/92 and the date of levying was 10.1.1992. The executability of the decree was challenged by the petitioners by filing a petition under Section 47 of the Code of Civil Procedure, which was registered as Misc. Case No. 2 of 1993. There were three fold grounds in challenging the executability of the decree namely :